North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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C. H. – Interviewed 7/15/04
I am an African-American male living in North Dakota. I worked as a laborer for a construction company for approximately three years. My work performance was great and I had an above-satisfactory attendance record.
Many times throughout my employment, the foreman of the projects I was working on called me a “nigger”. The son of the company’s owner often called me “big dick nigger vein”. Another coworker asked me repeatedly if I wished I was white. Due to this treatment, I had many problems with my fellow employees. Whenever I brought these problems to the attention of the foreman and/or the owner of the company, I was told to “turn the other cheek”. One of the times I was called a “nigger” by the foreman, I informed him that he was practicing discrimination and that there are consequences for that behavior. His response to me was, “I’ll show you discrimination”.
On November 6, 2002, shortly after I had punched-out at 5:00 PM, I was called into the main office and was terminated. I asked the product foreman why I was being terminated. He answered that they were not going to “put up with [my] crap anymore”. I then asked the owner of the company why I was being terminated. He said that he had the right to hire and fire in North Dakota and that he did not have to give me any reasons. I believe that I was terminated because I am African-American and because I had complained, several times, about the unwelcome racial harassment I was receiving.
The unemployment offices in the city I live in referred me to the North Dakota Department of Labor, so in January of 2003, I filed a discrimination complaint with the NDDOL’s Division of Human Rights. The NDDOL found reasonable cause to believe that discrimination had occurred, and my former employee and I set up a settlement negotiation session. I requested back-pay to cover the time between my termination and the completion of the complaint process. Shortly thereafter, I received a letter stating that the company would not accept my proposal. They made a counter-offer, told me to take it or leave it, and informed me that they were fully prepared to take the case to court over a single penny more. Out of fear of not being able to acquire worthy legal representation, I accepted the company’s settlement offer. Due to an agreement with the company, I am unable to disclose the amount of the settlement. It was, however, much less than I had originally proposed. During this time, I was never made aware that if both parties refused to settle, the NDDOL would provide an administrative hearing. I wasn’t aware of the fact that I had that option, and therefore, accepted the counter-offer.
My dealings with the investigators at the NDDOL’s Division of Human Rights exceeded my expectations. They were courteous, prompt, and willing to help. The Department, however, did not handle my complaint properly in that I was never offered an administrative hearing, let alone made aware that administrative hearings even exist; therefore, I was forced to accept a settlement amount which failed to make up for the discrimination I experienced.
(This concludes the narrative provided by C. H. on Thursday, July 15, 2004) Michael Brown, Jr.
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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