MIAMI – A former employee for one of the nation’s leading contractors alleges the company discriminated against him because of his national origin, in a lawsuit filed in Florida federal court last month.
Plaintiff Enrique Lopez filed his complaint June 25 in the U.S. District Court for the Southern Division of Florida, Miami Division. The named defendant is Vecellio & Grogan Inc., which is headquartered in West Virginia but does business across the mid-Atlantic and southeastern regions of the United States.
Lopez, who is a Miami Dade County resident and from Cuba, claims the harassment began when the supervisor of the company’s production department, Steve Harbin, returned to the company.
Lopez alleges Harbin began to closely monitor the employees under Lopez’s supervision. Lopez, who started working at the company as a welder in February 2013, was promoted to its maintenance department supervisor in 2022.
“Harbin would record them at certain moments to make it appear as if they were slacking off and later report it, blaming me [Lopez],” the seven-page complaint states.
“On several occasions, he yelled at Plaintiff and insulted him in front of his employees, exploiting the fact that Plaintiff does not speak English.”
The company, established in 1938, is a leading heavy/highway, bridge, and marine contractor. According to its website, its services include expert excavation, grading, utilities, bridge, and road construction.
Lopez alleges he complained about the situation to his direct supervisor, Maintenance Chief Todd Voytek, through the help of a translator. All three later met with Harbin to discuss the issue. But Lopez contends the situation worsened and the harassment increased.
“Mr. Harbin even said to Plaintiff once, ‘F**king Latino, that’s why I want none of you in here,’” the complaint states.
According to the filing, Lopez received substantially less written orders to fix defective equipment. Often, he claims, he and his employees would have to identify and fix defects on their own.
“When they were unable to detect effects, he [Harbin] would yell at Plaintiff and continue to insult him based on his national origin,” the complaint states.
According to Lopez’s filing, Harbin reported him to the company’s general manager, Ronnie Vanlandingham, and was forced to take five days off work. When he returned, Lopez met with Vanlandingham.
Though Lopez claims Vanlandingham sided with him after hearing about the situation, the discrimination continued.
The situation came to a head when Lopez claims he was ordered to fire one of his team members, a Latin worker who had been with the company for more than 30 years, for an equipment defect.
Lopez refused, and was issued discharge papers by Vanlandingham. He was terminated April 25, 2024.
“Such discrimination was based upon the Plaintiff’s National Origin in that Plaintiff would not have been the object of discrimination but for the fact that Plaintiff was of Philippines national origin,” the complaint states.
“Throughout Plaintiff’s employment, Plaintiff was able to perform the essential functions of her [sic] job duties and responsibilities, and at all relevant times he did perform her [sic] job at satisfactory or above-satisfactory levels.”
Lopez contends the company continued to retain employees who exhibited “discriminatory conduct” toward him, and “did so despite the knowledge of said employees engaging in discriminatory actions.”
He also claims he was a “victim of retaliation” after voicing his opposition to the company’s alleged “unlawful employment practices.”
Lopez seeks back pay, benefits’ adjustment, compensatory damages, punitive damages, costs, and attorneys’ fees. He also seeks reinstatement to his position at the proper rate of pay, and with full benefits and seniority rights. In lieu of reinstatement, he seeks front pay.
Miami-based Gallardo Law Office PA is representing Lopez in the federal lawsuit.
