EEOC Sues Roofing Company for Constructive Discharge

BUFFALO, N.Y. – A.W. Farrell & Son, Inc., part of a group of related commercial roofing companies operating in New York and Pennsylvania, violated federal law when its failure to address sexual harassment of a journeyman roofer led him to quit, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, the roofer’s supervisor subjected him to months of unwelcome comments and incidents of physical contact on the job, including an assault severe enough to require medical attention. When the roofer reported the harassment, the company failed to address it appropriately and instead suggested the roofer give his harassing supervisor “another chance.” When he realized the company would not protect him from future harassment, the roofer resigned.

“If a company knows about sexual harassment and fails to take action, it may be liable if the harassment creates intolerable conditions that force an employee to quit,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office.

The alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex. The EEOC filed suit (EEOC v. A.W. Farrell & Son, Inc., et al., Case No. 25-cv-00953) in U.S. District Court for the Western District of New York after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Acting EEOC New York District Director Arlean Nieto said, “This lawsuit demonstrates the consequences for employers who permit harassment in their workplace rather than follow the law.”

For more information on sexual harassment, please visit https://www.eeoc.gov/sexual-harassment. For more information on retaliation, please visit https://www.eeoc.gov/retaliation.

The lawsuit was initiated by the EEOC’s Buffalo Local Office, one of four component offices of the EEOC’s New York District Office. Attorneys in the New York District Office prosecute discrimination cases in the jurisdiction which includes New York, northern New Jersey, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

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 is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort.  More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.