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A construction company is being sued after allegedly ignoring the reports of a Rio Rancho employee and then retaliating by firing him. 

On Tuesday, the Equal Employment Opportunity Commission filed a lawsuit against Advanced Technology Group, alleging the company did not address the employees who made derogatory comments against Robert Gutierrez, accusing him of being 鈥渢oo American,鈥� according to a complaint filed in the U.S. District Court of New Mexico.

Not only did the Oregon-based company not take action against the employees, it fired Gutierrez, the document states.

The alleged behavior violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on, in part, national origin, according to the EEOC.

鈥淒iscrimination against American workers is unconscionable,鈥� EEOC Chairwoman Andrea Lucas said in a statement. 鈥淭he 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.鈥�

Attempts to reach ATG for comment were unsuccessful.

In June 2023, after Gutierrez was promoted at ATG in Rio Rancho 鈥� where most of the employees spoke Spanish 鈥� some of his colleagues called him names like 鈥渉alf-breed鈥� and 鈥減ocho,鈥� which the complaint describes as 鈥渁 slang term in Mexican Spanish used to describe a Mexican-American who has assimilated into the American culture and 鈥榣ost鈥� their Mexican heritage, including an inability to speak Spanish fluently.鈥�

鈥淕utierrez interpreted all terms as being directed to his American national origin and used to imply he was lesser or not worthy of his promotion because he was 鈥榯oo American鈥� and not Mexican enough,鈥� according to the court document.

Gutierrez complained to his superintendent, who told him they would address the issue. After the supervisor ignored the complaint multiple times, on July 17, 2023, Gutierrez told their boss that he 鈥渏ust wanted to work and move up in the company, but his co-workers鈥� behavior was impeding his ability to do so,鈥� the complaint states.

After Gutierrez again pleaded with his boss鈥檚 supervisor to do something about the harassment, the company allegedly did nothing. The next day, Gutierrez was fired in retaliation for going above his supervisor鈥檚 head, according to the EEOC.

Gutierrez filed a charge of discrimination with the Equal Employment Opportunity Commission against ATG on Aug. 3, 2023.

In a written response to the allegations, the company claimed Gutierrez was let go because he nearly fell asleep. However, the termination paperwork 鈥渓ists the reasons for Gutierrez鈥檚 termination as 鈥榦ther鈥� and 鈥榓rguing with crews and almost starting a fight,鈥欌�� the complaint states.

鈥淔urthermore, even if Gutierrez engaged in any of this alleged conduct, firing him is contrary to ATG鈥檚 progressive discipline policy,鈥� according to the complaint. 鈥淭hat policy includes four phases and specifies that a first-time violation is not normally cause for termination. Instead, the first phase requires the employee to receive an explanation of expected conduct and a verbal warning.

鈥淥nly after the fourth phase, when an employee has engaged in repeated conduct and been counseled, is termination authorized.鈥�

Gregory R.C. Hasman covers the economy and healthcare. He can be reached at ghasman@abqjournal.com or 505-823-3820.