Racism among local employers remains a scourge upon St. Augustine, named by Pedro Menendez in 1565 for an African Roman Catholic Bishop and philosopher, Saint Augustine of Hippo.
EEOC in Miami has sued RING POWER CORPORATION, the monstrous corporate octopus owned by the Ringhaver Family, which supports the corrupt political machine here in St. Johns County.
Wikipedia reports that RING POWER benefits from St. Johns County Commission corporate welfare for the wealthy: "A $1.6 million incentive package was approved by the St. Johns County Commission and Elkins Constructors began work in the Fall of 2003 on a 414,000 ft² facility."
Bloomberg reports that RING POWER CORPORATION, privately owned, has 2000 employees.
Wikipedia states "port facilities in Jacksonville and Miami allow the company to export equipment almost anywhere in the world. Ring Power has over 1600 employees at branches in 19 cities throughout Florida and offices in California, Georgia, New Jersey, North Carolina, Rhode Island, South Carolina and Texas. Customers can purchase, lease or rent new & used Caterpillar industrial equipment. Ring Power also handles machines made by Kalmar, Linde, Clark, Trail King, Manitowoc, Grove, Gradall, National Crane, Rosco, Gomaco, Phoenix Products and others."
The case is assigned to U.S. District Court Judge Marcia Morales Howard and Magistrate Judge Joel B. Toomey.
The Ringhaver family has its name on the Flagler College student center. By marriage, n brought you St. Augustine Beach Mayor RICHARD BURTT O'BRIEN's works and pomps. In 2012, Randall Ringhaver was among the $50,000 donors in the room when WILLARD MITT ROMNEY made his infamous remarks about the "47%" to the 0.01% in South Florida, captured on video.
As former St. Johns County Commission Chairman Ben Rich, Sr. told Folio Weekly in 2008, St. Johns County is one of the last bastions of the Ku Klux Klan."
I don't think I have ever read a race discrimination case so dispositive of a racially hostile working environment -- read it for yourself (below).
Every time a forest is denuded and clear-cut, RING POWER is making profits, selling Caterpillars equipment.
Here's Senator MARCO ANTONIO RUBIO (center) will RANDALL LEE RINGHAVER.
Here's the St. Augustine Record article, and the full text of the U.S. EEOC complaint in U.S. District Court for the Middle District of Florida in Jacksonville, asking for a jury trial, reinstatement, backpay, compensatory and punitive damages and injunctive relief against RING POWER CORPORATION, where the N-word racist epithet was repeatedly used by the alleged victim's supervisor, as documented in haec verba in the federal court filing:
EEOC files suit against Ring Power, settles with PacSun
By Stuart Korfhage
Posted at 5:41 PM
St. Augustine Record
September 25, 2019
The U.S. Equal Employment Opportunity Commission (EEOC) made announcements about a complaint regarding a local business as well as a settlement involving a local store.
A release from the EEOC Wednesday announced that a lawsuit has been filed against Ring Power Corporation, North and Central Florida’s Caterpillar-brand heavy equipment dealer. The claim is that Ring Power violated federal law when it relegated a black technician to janitorial duties because of his race.
The man at the center of the dispute is a naval military veteran who was hired as an electrical power generator technician at the company’s St. Augustine headquarters.
According to the EEOC: “As the only black technician in the department, he was subjected to racially-motivated treatment throughout his employment including being denied training, work, and overtime opportunities. Despite his training and skills as an electrical technician, his supervisor used racial expletives to make the point that black employees were only good for cleaning and sweeping. His complaints to Ring Power went unresolved and lead to his resignation.”
A representative for Ring Power said the company had not yet been served and could not comment on Wednesday.
The EEOC filed suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, after first attempting to reach a pre-litigation settlement through its voluntary conciliation process, according to a release. The EEOC asserts that Ring Power’s actions were “intentional and demonstrated a reckless indifference” to the black technician’s federal rights.
“It is unfortunate, but it is a reality that racial discrimination continues to infect the workplace in 2019,” EEOC Regional Attorney Robert Weisberg said in the release. “EEOC will vigorously prosecute employers who disregard federal law and deny minorities employment opportunities because of their race. It is repulsive that any employer would make work assignments on the basis of race.”
The EEOC is responsible for enforcing federal laws against employment discrimination.
In the other case, the EEOC said Pacific Sunwear of California LLC (PacSun), an Anaheim, California-based specialty retailer that sells casual apparel, accessories and footwear, will pay $85,000 and furnish other relief to settle a disability discrimination lawsuit.
The EEOC charged in its lawsuit that PacSun violated federal law by failing to hire a paraplegic applicant, who requires the use of a wheelchair, because of his disability. The EEOC also alleged that PacSun failed to maintain required employment records.
According to the EEOC’s lawsuit, when the disabled applicant visited a St. Augustine PacSun store to submit his application, the store manager took one look at him in a wheelchair and told him that the store was not hiring, though that same manager advised non-disabled applicants in the same time frame that the store was, in fact, hiring.
“This settlement reflects the EEOC’s commitment to protecting the rights of qualified applicants to seek and obtain employment without regard to their disability,” said Robert Weisberg, regional attorney for the EEOC’s Miami District, in a release. “Hiring decisions based on stereotypes about disabilities or people in wheelchairs will not be tolerated.”
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EEOC press release:
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-25-19
9-25-19
EEOC Sues Ring Power for Race Discrimination
Caterpillar Equipment Dealer Relegated Military Veteran Technician to Janitorial Duties Because of His Race, Federal Agency Charges in Lawsuit
ST. AUGUSTINE, FL - Ring Power Corporation (Ring Power), North and Central Florida's Caterpillar-brand heavy equipment dealer, violated federal law when it relegated a black technician to janitorial duties because of his race, the United States Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's lawsuit, Ring Power hired a naval military veteran as an electrical power generator technician at the company's St. Augustine, Florida headquarters. As the only black technician in the department, he was subjected to racially-motivated treatment throughout his employment including being denied training, work, and overtime opportunities. Despite his training and skills as an electrical technician, his supervisor used racial expletives to make the point that black employees were only good for cleaning and sweeping. His complaints to Ring Power went unresolved and lead to his resignation.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the United States District Court for the Middle District of Florida, Jacksonville Division (EEOC v. Ring Power Corporation, Civil Action No. 3:19-cv-01098), after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. The EEOC asserts that Ring Power's actions were intentional and demonstrated a reckless indifference to the black technician's federally protected rights.
"It is unfortunate, but it is a reality that racial discrimination continues to infect the workplace in 2019. EEOC will vigorously prosecute employers who disregard federal law and deny minorities employment opportunities because of their race," said EEOC Regional Attorney Robert Weisberg. "It is repulsive that any employer would make work assignments on the basis of race."
Michael Farrell, district director for the Miami District Office, said, "The EEOC continues to see too many complaints of race discrimination. An employee's race should never be a factor in an employer's assignment of work duties or in decisions regarding training, advancement opportunities, salary, or any other workplace benefits."
The EEOC is responsible for enforcing federal laws against employment discrimination. The Miami District Office's jurisdiction includes Florida, Puerto Rico and U.S. Virgin Islands. The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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Full text of EEOC v. RING POWER CORPORATION federal court complaint:
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
CIVIL ACTION NO. Plaintiff, COMPLAINT
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
CIVIL ACTION NO. Plaintiff, COMPLAINT
v.
RING POWER CORPORATION, Defendant.
RING POWER CORPORATION, Defendant.
________________________________________
NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Charging Party Shakeem Petersen (“Petersen”). As alleged with greater particularity below, Defendant Ring Power Corporation (“Ring Power”) discriminated against Petersen in the terms and condition of his employment, and subjected him to a hostile work environment, because of his race, Black.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343
and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1) and (3) (“Title VII”) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Charging Party Shakeem Petersen (“Petersen”). As alleged with greater particularity below, Defendant Ring Power Corporation (“Ring Power”) discriminated against Petersen in the terms and condition of his employment, and subjected him to a hostile work environment, because of his race, Black.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343
and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1) and (3) (“Title VII”) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
JURY TRIAL DEMAND
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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is
the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
4. At all material times, Ring Power has continuously been doing business in the State of Florida and the City of St. Augustine and has continuously had at least 15 employees.
5. At all relevant times, Ring Power has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
ADMINISTRATIVE PROCEDURES
6. More than thirty days prior to the institution of this lawsuit, Petersen filed a charge
of discrimination with the Commission alleging violations of Title VII by Ring Power.
7. Prior to the institution of this lawsuit, the Commission issued a Letter of Determination indicating that it found reasonable cause to believe that Ring Power discriminated
against Petersen in violation of Title VII because of Petersen’s race.
8. Prior to the institution of this lawsuit, the Commission attempted to effect Ring
Power’s voluntary compliance with Title VII through informal methods of conciliation to remedy the practices found unlawful.
9. All conditions precedent to the institution of this lawsuit have been fulfilled.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is
the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
4. At all material times, Ring Power has continuously been doing business in the State of Florida and the City of St. Augustine and has continuously had at least 15 employees.
5. At all relevant times, Ring Power has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
ADMINISTRATIVE PROCEDURES
6. More than thirty days prior to the institution of this lawsuit, Petersen filed a charge
of discrimination with the Commission alleging violations of Title VII by Ring Power.
7. Prior to the institution of this lawsuit, the Commission issued a Letter of Determination indicating that it found reasonable cause to believe that Ring Power discriminated
against Petersen in violation of Title VII because of Petersen’s race.
8. Prior to the institution of this lawsuit, the Commission attempted to effect Ring
Power’s voluntary compliance with Title VII through informal methods of conciliation to remedy the practices found unlawful.
9. All conditions precedent to the institution of this lawsuit have been fulfilled.
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STATEMENT OF FACTS
10. Ring Power is a construction and heavy equipment dealer and service provider with
more than 24 branch locations and over 2,000 employees.
11. On approximately July 22, 2013, Ring Power hired Petersen, a naval veteran
technician, as an Electrical Power Generating Shop Technician II to work at Ring Power’s St. Augustine headquarters.
12. Petersen applied for a position with Ring Power located at the St. Augustine location at a job fair in Chicago, IL.
10. Ring Power is a construction and heavy equipment dealer and service provider with
more than 24 branch locations and over 2,000 employees.
11. On approximately July 22, 2013, Ring Power hired Petersen, a naval veteran
technician, as an Electrical Power Generating Shop Technician II to work at Ring Power’s St. Augustine headquarters.
12. Petersen applied for a position with Ring Power located at the St. Augustine location at a job fair in Chicago, IL.
13. Ring Power’s
employees. 14.
department. 15.
employees. 14.
department. 15.
During the relevant time period, Petersen was one of a few Black employees at St. Augustine headquarters out of a workforce there of approximately 400-500
Throughout his employment, Petersen was the only Black technician in his
Petersen’s supervisor was Joshua Carlson (“Carlson”), who is White.
Throughout his employment, Petersen was the only Black technician in his
Petersen’s supervisor was Joshua Carlson (“Carlson”), who is White.
Throughout his employment with Ring Power, Petersen either heard or knew that
16.
Carlson made the following comments:
Carlson made the following comments:
- “They hired a new monkey porch nigger [Petersen], but he won’t be here for long.”
- “I’m gonna get that nigger [Petersen] out of here.”
- “Look at that monkey baby,” referring to a photo of a Black baby.
- “I’m gonna put a banana on that picture,” referring to a photo of a Black
baby. - “You are in charge of the nigger [Petersen] now. Try to get him to leave.”
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- “Don’t lend that nigger [Petersen] any of your tools.”
- “All that nigger [Petersen] is good for is cleaning.”
- “All niggers are good for is cleaning.”
- “Niggers don’t know what they are doing.”
- “Niggers are lazy.
- “Try to get that nigger [Petersen] to quit.”
assignments such as sweeping, mopping and buffing Ring Power’s shop’s floors throughout Petersen’s employment at Ring Power. According to Carlson, “all niggers are good for is cleaning.”
18. Unlike Petersen, non-Black apprentices were routinely entitled to train in the field and perform technical tasks, such as equipment repair, battery testing, diagnostics, etc.
19. Technicians who were not Black, in other words all other technicians, were treated more favorably than Petersen, the only Black technician in the department because of their race. For instance:
a.
Because of Petersen’s race, Carlson recommended to his supervisor that Petersen, who Carlson had referred to as the “new monkey porch nigger” be terminated from his Technician position. Such termination recommendations were not made for other newly-hired non-Black technicians.
Petersen objected to Carlson’s termination recommendation to Carlson’s supervisor. Instead, because of Carlson’s termination recommendation, Carlson’s supervisor demoted Petersen from his technician position to an
Petersen objected to Carlson’s termination recommendation to Carlson’s supervisor. Instead, because of Carlson’s termination recommendation, Carlson’s supervisor demoted Petersen from his technician position to an
b.
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apprentice position. Newly-hired non-Black technicians were not demoted
to apprentice positions.
c. Petersen’s salary decreased from $18.50/hour ($38,480/year) to
$14.00/hour ($21,120/year). Non-Black technicians’ salaries were not so
decreased.
21. Ring Power’s continued refusal to give Petersen technical qualitative and quantitative work experience because of his race precluded him from earning pay comparable to the non-Black technicians.
to apprentice positions.
c. Petersen’s salary decreased from $18.50/hour ($38,480/year) to
$14.00/hour ($21,120/year). Non-Black technicians’ salaries were not so
decreased.
- Upon graduation from the apprentice program, non-Black technicians were
thereafter routinely given technical work assignments. However, upon Petersen’s graduation from the apprentice program, Peterson was still relegated to janitorial work assignments such as sweeping, mopping and buffing Ring Power’s shop’s floors. - Non-Black technicians were given interesting and challenging work assignments. Petersen was given menial, humiliating and degrading work assignments. Non-Black technicians routinely joked about Petersen being nothing more than a maid—not a technician.
- Non-Black technicians’ requests for overtime were routinely approved. Petersen’s requests for overtime were not approved.
21. Ring Power’s continued refusal to give Petersen technical qualitative and quantitative work experience because of his race precluded him from earning pay comparable to the non-Black technicians.
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22. Because Petersen received the most menial assignments of any technician in the department, he consistently received the lowest pay of any technician in his department.
23. Because of his race, Petersen was the lowest paid Technician at Ring Power among other Technicians in his department.
24. Petersen made complaints to managers and human resources personnel during his employment, but Ring Power did not take prompt corrective action in response to his complaints. 25. Ring Power otherwise knew or should have known about discrimination about
Petersen but Ring Power did not take prompt corrective action in response to his complaints.
26. On or about October 9, 2017, Petersen notified the company he was leaving because of his supervisor and being called a “nigger.” A manager told Petersen that someone would contact him about his report, but no one ever did Petersen’s resignation became effective on October 19,
2017.
27. Because of Ring Power’s unlawful conduct, Petersen was harmed and suffered
damages.
STATEMENT OF CLAIMS Count I
30. The effect of the practices complained of in Paragraphs 10-27 has been to deprive Petersen of equal employment opportunities because of his race.
31. The unlawful employment practices complained of in Paragraphs 10-27 were intentionally done with malice and/or reckless indifference to Petersen’s federally protected rights.
23. Because of his race, Petersen was the lowest paid Technician at Ring Power among other Technicians in his department.
24. Petersen made complaints to managers and human resources personnel during his employment, but Ring Power did not take prompt corrective action in response to his complaints. 25. Ring Power otherwise knew or should have known about discrimination about
Petersen but Ring Power did not take prompt corrective action in response to his complaints.
26. On or about October 9, 2017, Petersen notified the company he was leaving because of his supervisor and being called a “nigger.” A manager told Petersen that someone would contact him about his report, but no one ever did Petersen’s resignation became effective on October 19,
2017.
27. Because of Ring Power’s unlawful conduct, Petersen was harmed and suffered
damages.
STATEMENT OF CLAIMS Count I
- Paragraphs 10-27 are incorporated herein.
- Ring Power discriminated against Petersen in the terms and conditions of his
30. The effect of the practices complained of in Paragraphs 10-27 has been to deprive Petersen of equal employment opportunities because of his race.
31. The unlawful employment practices complained of in Paragraphs 10-27 were intentionally done with malice and/or reckless indifference to Petersen’s federally protected rights.
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Count II
34. The effect of the practices complained of in Paragraphs 10-27 has been to deprive Petersen of equal employment opportunities because of his race.
35. The unlawful employment practices complained of in Paragraphs 10-27 were intentionally done with malice and/or reckless indifference to Petersen’s federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Ring Power, its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with it, from engaging in race-based discrimination;
B. Order Ring Power to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black employees which eradicate the effects of its past and present unlawful employment practices;
C. Order Ring Power to make Petersen whole by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Ring Power to make Petersen whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
- Paragraphs 10-27 are incorporated herein.
- Ring Power subjected Petersen to a hostile work environment based on his race,
34. The effect of the practices complained of in Paragraphs 10-27 has been to deprive Petersen of equal employment opportunities because of his race.
35. The unlawful employment practices complained of in Paragraphs 10-27 were intentionally done with malice and/or reckless indifference to Petersen’s federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Ring Power, its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with it, from engaging in race-based discrimination;
B. Order Ring Power to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black employees which eradicate the effects of its past and present unlawful employment practices;
C. Order Ring Power to make Petersen whole by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Ring Power to make Petersen whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
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E. Order Ring Power to make Petersen whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order Ring Power to pay Petersen punitive damages for its intentional, malicious and reckless conduct, as described above, in amounts to be determined at trial;
Dated: September 24, 2019
Respectfully Submitted,
JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
U.S. Equal Employment Opportunity Commission
131 M Street, N.E. Washington, D.C. 20507
ROBERT WEISBERG Regional Attorney
Florida Bar No: 285676 BEATRIZ BISCARDI ANDRE Supervisory Trial Attorney New York Bar No: 4394599 Equal Employment Opportunity Commission
Miami District Office
Miami Tower
100 S.E. 2nd Street, Suite 1500
F. Order Ring Power to pay Petersen punitive damages for its intentional, malicious and reckless conduct, as described above, in amounts to be determined at trial;
- Grant a judgment in the Commission’s favor; and
- Award the Commission its costs of this action.
JURY TRIAL DEMAND
Dated: September 24, 2019
Respectfully Submitted,
JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
U.S. Equal Employment Opportunity Commission
131 M Street, N.E. Washington, D.C. 20507
ROBERT WEISBERG Regional Attorney
Florida Bar No: 285676 BEATRIZ BISCARDI ANDRE Supervisory Trial Attorney New York Bar No: 4394599 Equal Employment Opportunity Commission
Miami District Office
Miami Tower
100 S.E. 2nd Street, Suite 1500
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Case 3:19-cv-01098-MMH-JBT
Document 1
Filed 09/24/19 Page 9 of 9 PageID 9
Miami, Florida 33131 Tel: (786)-648-5806 Beatriz.andre@eeoc.gov
/s/ Oshia Gainer Banks
OSHIA GAINER BANKS TRIAL COUNSEL
Lead Attorney for Plaintiff, EEOC Florida Bar No. 037022
U.S. Equal Employment Opportunity Commission
Miami District Office
Miami Tower
100 S.E. 2nd Street, Suite 1500 Miami, Florida 33131
Tel: (786) 648-5861Oshia.Banks@eeoc.gov
/s/ Oshia Gainer Banks
OSHIA GAINER BANKS TRIAL COUNSEL
Lead Attorney for Plaintiff, EEOC Florida Bar No. 037022
U.S. Equal Employment Opportunity Commission
Miami District Office
Miami Tower
100 S.E. 2nd Street, Suite 1500 Miami, Florida 33131
Tel: (786) 648-5861Oshia.Banks@eeoc.gov
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