SACRAMENTO — Sierra Pacific Industries, which owns and harvests forests in California and Washington and is the third largest landowner in North America, violated federal law when it permitted employees to harass an Egyptian co-worker and fired him in retaliation for reporting the discrimination, according to a lawsuit filed this week by the U.S. Equal Employment Opportunity Commission (EEOC). 

The EEOC’s investigation found that, after the attacks of September 11, 2001, co-workers verbally abused Ahmed Elshenawy, who worked as a grader and sorter at Sierra Pacific’s Red Bluff Mill Work Division, because of his national origin. He was called “stupid Egyptian,” “Saddam,” “Osama,” “Arabian,” and “camel jockey” almost daily.  After Elshenawy reported this treatment, Sierra Pacific failed to take action and the harassment continued unabated. 

According to EEOC, Sierra Pacific subjected Elshenawy to disproportionately harsh discipline and fired him after four years of employment due to his Egyptian national origin and in retaliation for protesting the harassment.

A naturalized U.S. citizen of Egyptian descent and the father of three, Elshenawy said, “Facing regular abuse from co-workers wears on your mind and spirit. But when the company ignored my complaints and instead retaliated against me, it was devastating.  Their actions struck at my ability to support my family.  I am thankful that the EEOC has taken my case.”

Under Title VII of the Civil Rights Act of 1964, employers have a duty to prevent discrimination based on national origin.  The law also strictly prohibits retaliation against employees who report discrimination.  The EEOC filed suit (Civil Action No. 08-00710) in U.S. District Court for the Eastern District of California after first attempting to reach a voluntary settlement.  The suit seeks back pay and other monetary losses, compensatory and punitive damages for Elshenawy and appropriate injunctive relief to prevent any future discrimination.

“The law is very clear:  All employees have the right to work in an environment free from hostility, intimidation and ridicule,” said EEOC Regional Attorney William R. Tamayo.  “Employers who have been put on notice about discrimination have a duty to respond promptly and adequately.  An employer who chooses to ignore an employee’s report of harassment runs the risk of being sued by the EEOC.”

EEOC Acting District Director Michael Baldonado added, “The September 11 attacks, as terrible as they were, are no excuse for tolerating a climate of fear and hatred.  The EEOC upholds the laws that ensure that no one should have to endure racial or ethnic abuse at the workplace – and that no one should be fired for standing up to it.”  Baldonado noted that between 9/11/2001 and 3/11/2008, 1,016 charges were filed under Title VII alleging post-9/11 backlash employment discrimination.

According to the company website, www.spi-ind.com, Redding, Calif.-based Sierra Pacific Industries is a major forest products processor that owns and manages two million acres of forest land in California and Washington.  The company has 4,400 employees and is based in Redding, Calif.  This is the EEOC’s second lawsuit against Sierra Pacific.  In September of 2007, the EEOC filed EEOC v. Sierra Pacific Inc. (07-CV-02205-LEW/JFM), alleging religious discrimination at the company’s Oroville plant.

The EEOC enforces federal laws prohibiting employment discrimination based on race, color, gender, religion, national origin, age and disability.  Additional information about the EEOC is available on its web site at www.eeoc.gov.