EEOC Sues Advanced Technology Group, Inc. for National Origin Discrimination and Retaliation

ALBUQUERQUE, N.M. – Advanced Technology Group, Inc, (ATG), a project-based construction services company based in Oregon with jobsites nationwide, violated federal law by allowing harassment of American workers at its Rio Rancho, New Mexico location and firing at least one American employee because he complained about the harassment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, around June 2023, at least two ATG employees were subjected to anti-American slurs by their Mexican coworkers. They also took one of the American employee’s tools without his permission, thereby impeding his ability to work, and ignored his directives and derided him because he could not speak Spanish fluently.

The employee complained immediately about the harassment to his direct supervisor, who did nothing to address the harassment, leading to more harassment and more complaints. After his direct supervisor continued to do nothing about the harassment, he complained to a different supervisor on July 17, 2023. The next day, his direct supervisor fired him in retaliation for complaining “above [the direct supervisor’s] head,” the EEOC said.

“Discrimination against American workers is unconscionable,” said EEOC Chair Andrea R. Lucas. “The EEOC is here to protect all workers from anti-American bias. Nothing justifies illegal national origin discrimination, and we will vigorously enforce federal laws to restore dignity to the American worker.”

Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office, said, “Employers have a legal duty to prevent and stop all harassment based on national origin, including harassment of American workers. Employers are required to investigate any complaints of national origin harassment and to take prompt action to stop the harassment.”

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, including American national origin. The EEOC filed suit (EEOC v. ATG, Case No. 1:26-cv-01501-KK-SCY) in U.S. District Court for the District of New Mexico after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

EEOC Phoenix District Director Melinda Caraballo said, “Retaliation against workers who complain about national origin harassment is just as clearly a violation of federal law as the harassment itself. “Employees should be free to raise complaints about national origin harassment without having to fear retaliation and the loss of their jobs.”

For more information on national origin and specifically anti-American discrimination, please visit https://www.eeoc.gov/national-origin-discrimination and refer to our updated fact sheet for the latest guidance.

The EEOC is also working with the Department of Labor on Project Firewall, an effort to combat illegal national origin discrimination, particularly against American workers.

The EEOC’s Phoenix District Office has jurisdiction over Colorado, Arizona, Utah, Wyoming, and parts of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.