Lawsuit Against Apogee Enterprises, EFCO Corp., Filed Alleging Civil Rights Violations

A Missouri man has filed a civil lawsuit against EFCO and Apogee Enterprises in the U.S. District Court Western District Court of Missouri. The suit alleges racial discrimination, harassment and retaliation throughout his employment with the defendants. EFCO is owned by Apogee Enterprises. The plaintiff, David White, who is Black, was an extrusion tech for the defendants from December 2021 to April 2022.

White alleges that his shift leader would tell racist jokes in his presence. White says when he went to his supervisor to complain, the supervisor insisted that they first meet with human resources and plant managers instead of involving corporate leadership.

Once the defendants met with White and started an investigation, White was told to stay home. The defendants then met with the shift leader and proceeded to transfer him to a different department. Following the transfer, White returned to work on March 24, 2022. He claims that when he returned he was harassed and ridiculed for “getting someone fired,” the court filing states.

Days after his return, White alleges that he approached a co-worker to offer a beverage and noticed that his co-worker was wearing a confederate flag ring and hat. The co-worker began to act aggressively toward White, refused to speak to him and instead gave him aggressive looks and body language.

White refused to return to work after the incident. He alleges that the treatment he received while employed with the defendants constitutes “race discrimination and harassment in violation of 42 U.S.C. § 1981.”

He was terminated via letter on June 28, 2022.

The court documents claim that the defendants knew or should have known of the discrimination and harassment against White. The defendants also failed to implement prompt and appropriate corrective action. White alleges that the defendants maintained inadequate written policies and procedures with respect to discrimination based on race.

“White was damaged by the retaliation and is entitled to all remedies available to him, including but not limited to damages for loss of income, embarrassment, humiliation, emotional distress, damage to his reputation, diminution in earnings capacity and other damages as yet undetermined,” the court filing states.

AEC Secures Extended Trade Relief for U.S. Extruders

The U.S. International Trade Commission (ITC) extended the domestic industry’s relief from dumped and subsidized imports of aluminum extrusions from China.

The AEC reported that ITC made its decision under a required five-year “sunset review” covering extrusions. The ITC determines whether or not the termination of antidumping and countervailing duty orders would likely lead to the continuation or recurrence of material injury to the domestic industry.

“The ITC’s affirmative determination in this sunset review means the U.S. industry does not revert back to a time when unfairly traded imports made it difficult for U.S. extruders to stay in business,” says Jeff Henderson, AEC president. “This decision allows the U.S. aluminum extrusion industry to compete on a level playing field. We look forward to helping the U.S. government enforce these orders against bad actors trying to evade them.”

In 2010, several AEC members formed the Aluminum Extrusions Fair Trade Committee (AEFTC) – an ad hoc coalition of U.S. aluminum extrusion manufacturers – to file antidumping and countervailing duty petitions against aluminum extrusions from China. The AEFTC prevailed in those proceedings and secured tariff protection from the unfairly traded imports, saving an estimated 1.2 billion pounds per year of U.S. production of extrusions from being lost to China.

With the help of counsel, the AEC secured countervailing duties under orders as high as 245% and dumping duties as high as 86%.

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