Call a Spade a Spade
Last fall during the October open house (that only happened because we asked for it) in my public comment I specifically called out Stantec’s $4 million payout for EPA grant fraud and Ryan CO’s payout for worker discrimination, retaliation and sexual harassment. Ryan CO’s staff, all men, snickered.
What were they snickering at? A lawsuit brought by the Department of Labor Office of Federal Contract Compliance Programs.
(Lightly redacted by me in order to post indicated by [ ])
Discrimination Violations
1. OFCCP found that Contractor is not in compliance with the nondiscrimination
requirements of the equal opportunity clause of Executive Order 11246, Section 202; and 41 C.F.R. 60-1.4(a)(1) and 41 C.F.R. 60-20.8. Specifically, OFCCP’s investigation found that, during the time frame of March 2021 through February 2024, Contractor subjected employees at its worksites in the Des Moines, Iowa SMSA to physical touching ([redacted]), verbal harassment (including requests for sexual acts), and visual harassment (including graffiti and the parading of construction materials [in vulgar ways]). When employees raised their concerns to onsite management, despite Contractor having a procedure for reporting such harassment, the onsite management characterized the activities as “horseplay” and “construction stuff”. Additionally, at least two of Contractor’s onsite managers participated in some of the physical groping, with one manager admitting he would “tap” employees on the buttocks as a way of saying ”atta boy.”
2. OFCCP found that Contractor harassed, intimidated, threatened, and discriminated against two employees for assisting and participating in OFCCP’s compliance evaluation and investigation, in violation of 41 C.F.R. 60-1.32. Specifically, one employee was told under false pretenses that OFCCP did not wish to interview him, was threatened with reassignment to a less favorable worksite, and was subjected to additional harassment after assisting and participating in OFCCP’s compliance evaluation investigation. Another employee was discharged in retaliation for assisting and participating in OFCCP’s compliance evaluation and investigation. The employee was discharged under the pretext of a reasonable suspicion drug test, despite the fact that the employees who signed the letters of suspicion (thereby authorizing the test) had not actually observed the employee, and therefore had no basis for signing the letters.
I could pull a stunt like the AFL-CIO, labor unions (including local PI residents) or the Rochester realtor who drank Google’s kool-aid in July and dismiss this lawsuit against Ryan Co as “out of context” brought by a “small but vocal minority” that’s “spreading misinformation.” And justify all the abuse because “we need industry” and “a town that doesn’t have industry or infrastructure is dying.” Who cares if you get groped.
I could dismiss the case because Ryan Co’s project “is an asset to the district” and giving the school money. I mean who cares what rights are violated as long as they just say the school will get money. Look at the HVAC they’re supposedly paying for! Just smile and take it!
I could pull a stunt like Google and say ‘look what Ryan Companies “co-created” while they were slapping staff on their buttocks.’ Here’s some free food and a bouncy house.
I could pull a stunt like the city council and give everything a unanimous 5-0 vote of approval despite concerns and reports being brought to my attention. It’s just a bunch of “activists,” threaten them with criminal charges for just existing and speaking up, find something to blame them for. They’re clearly the ones tearing the town apart, everything was fine until they sued Ryan Co.
I could pull a stunt like Ryan’s staff and just snicker.
Or I can call a spade a spade, call out the harm and abuses as valid. I can stand by the workers in full solidarity and acknowledgment that their lawsuit is 100% valid and Ryan Co absolutely needed to be held accountable. Nothing justifies the harm and abuses they endured. I can place responsibility and accountability on Ryan Co for it was their actions that violated the law and led to the lawsuit in the first place.
And I could ask Peter Fitzgerald for a progress report update on what he’s learned about how not to discriminate and retaliate against workers, since they’re still in the mandatory reporting period to the court and it’s directed at all management.
