EEOC files lawsuit against Micron

The U.S. Equal Employment Opportunity Commission has filed a federal disability and civil rights lawsuit against a Fortune 500 company with a plant based in Lehi.

The EEOC office in Phoenix filed the suit Thursday in U.S. District Court in Salt Lake City against Micron Technology Inc. of Delaware on behalf of a hearing-impaired Hispanic man who worked at the company's microprocessor plant in Lehi.

Typically, the EEOC screens discrimination complaints and certifies whether the claim has merit, allowing the individual to take legal action. But from time to time, EEOC officials find a case so egregious that the federal agency decides to file suit directly against a company, as in this case, said lead regional EEOC attorney Mary Jo O'Neil.

"The facts in this case were particularly egregious," O'Neil said, calling the alleged name calling and retaliation against the former Micron worker "troubling."

The suit alleges that Jose Artalejo, who worked at Micron from 2000 to 2002 as an equipment support technician, was called names due to his Mexican origin and hearing impairment. The suit alleges that fellow employees would make remarks such as "(w)hy don't you clean out your ears, little man" call Artalejo "deaf" and "dumb" and would use pretend sign language and "deaf speak" to him.

Artalejo was also allegedly called "little Mexican," and after Sept. 11, 2001, some workers suggested that he could be mistaken "for a Muslim terrorist because of the color of his skin," the suit states.

O'Neil said when Artalejo complained to plant managers about his treatment, managers allegedly told him he needed to "learn how to deal with it" and that "you are jeopardizing your career."

Ultimately, EEOC alleges Micron retaliated against Artalejo by terminating his employment.

Micron spokesman Jason Kreizenbeck, from the company's Boise office, said the company's policy is typically not to comment on pending legal action.

"Employers have an obligation under federal law to ensure that their employees are not subjected to this kind of harassment," O'Neil said. "Jose Artalejo wanted to do a good job for Micron. In return, it appears Micron permitted managers and co-workers to subject him to extremely offensive comments and, when he complained about mistreatment, retaliated against him."

The EEOC is seeking punitive and compensatory damages of up to $300,000. O'Neil said the suit was filed only after failing to reach an out-of-court settlement with Micron officials.

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