Southold employee faced racist taunts, was passed over for promotions, lawsuit says
A Southold Town highway department employee has filed a lawsuit accusing the town and two supervisors of racial discrimination and retaliation. Credit: Tom Lambui
A Southold highway department employee alleges he endured racist taunts and was denied overtime and other opportunities, according to a civil rights lawsuit filed this month.
In the suit filed July 19 in Suffolk Supreme Court in Riverhead, Robert DeJesus, 44, of Cutchogue, alleges he was subjected to racial slurs and routinely denied overtime and passed over for promotions as the only Black employee in the department.
The suit names the town highway department, former deputy highway superintendent Roger Tabor and foreman Donald Sayre as defendants.
The suit alleges Tabor and Sayre violated state Human Rights Law and “denied [DeJesus] opportunities and advantageous privileges of employment that were afforded to white employees within his crew.”
A spokesperson for the state Human Rights Division said the department cannot confirm whether a complaint exists.
DeJesus reported to Sayre. Tabor now is a heavy equipment operator for the department.
Town records show DeJesus was hired in 2014 as an automotive equipment operator in the highway department. DeJesus, who is still employed with the highway department, declined to comment Wednesday.
Southold Town attorney Paul DeChance, who also represents Tabor and Sayre, said the town does not comment on pending litigation.
Tabor and Sayre couldn't be reached for comment.
The lawsuit cites an alleged incident in 2017 when a co-worker used a racial slur within earshot of DeJesus.
DeJesus alleges when he reported the language to Tabor, he responded “coldly” and "waved him off, saying he could go fill out a Workplace Violence Incident Report, and did not direct him to the Town Attorney to file a complaint of discrimination."
Two months later, DeJesus alleged, he was “spitefully” assigned to partner with the co-worker who used the slur.
DeChance declined to talk about the town's policy for alleged violations.
In the complaint, DeJesus said Sayre and Tabor retaliated against him for complaining about the alleged racist comment by not paying him overtime for working through lunch breaks. By 2020, DeJesus alleges he was not offered overtime shifts — the only person on his crew left out, despite his seniority.
A 2023 agreement between the town and Civil Service Employees Association Unit 8785, which covers town employees including the highway department, says promotions, transfers and overtime are determined by seniority if the employee "in the opinion of the department head, is competent."
DeJesus, a union employee, said in court documents his supervisor stopped assigning him to work on a mower during yearly brush cleanup, considered “one of the more desirable” tasks by employees.
DeJesus was paid $70,100 last year, according to town payroll records. The records show he earned no overtime in 2023.
Southold Highway Superintendent Dan Goodwin said Tuesday he had not seen the suit and declined to comment.
Liane Fisher, an employment attorney for DeJesus based in Manhattan, did not respond to requests for comment.
Among the allegations in the suit, DeJesus says he faced steeper discipline and more scrutiny than white co-workers and once found the contents of his work locker tossed on the floor.
In February 2020, the complaint said, while picking up breakfast at a deli during a mandatory break with his crew, a supervisor told them to leave but only cited DeJesus for insubordination.
“None of his white co-workers in the deli experienced any consequences,” according to the suit.
DeJesus is seeking unspecified monetary damages for emotional suffering, loss of career fulfillment, humiliation and court costs, according to the lawsuit.
A Southold highway department employee alleges he endured racist taunts and was denied overtime and other opportunities, according to a civil rights lawsuit filed this month.
In the suit filed July 19 in Suffolk Supreme Court in Riverhead, Robert DeJesus, 44, of Cutchogue, alleges he was subjected to racial slurs and routinely denied overtime and passed over for promotions as the only Black employee in the department.
The suit names the town highway department, former deputy highway superintendent Roger Tabor and foreman Donald Sayre as defendants.
The suit alleges Tabor and Sayre violated state Human Rights Law and “denied [DeJesus] opportunities and advantageous privileges of employment that were afforded to white employees within his crew.”
A spokesperson for the state Human Rights Division said the department cannot confirm whether a complaint exists.
DeJesus reported to Sayre. Tabor now is a heavy equipment operator for the department.
Town records show DeJesus was hired in 2014 as an automotive equipment operator in the highway department. DeJesus, who is still employed with the highway department, declined to comment Wednesday.
Southold Town attorney Paul DeChance, who also represents Tabor and Sayre, said the town does not comment on pending litigation.
Tabor and Sayre couldn't be reached for comment.
The lawsuit cites an alleged incident in 2017 when a co-worker used a racial slur within earshot of DeJesus.
DeJesus alleges when he reported the language to Tabor, he responded “coldly” and "waved him off, saying he could go fill out a Workplace Violence Incident Report, and did not direct him to the Town Attorney to file a complaint of discrimination."
Two months later, DeJesus alleged, he was “spitefully” assigned to partner with the co-worker who used the slur.
DeChance declined to talk about the town's policy for alleged violations.
In the complaint, DeJesus said Sayre and Tabor retaliated against him for complaining about the alleged racist comment by not paying him overtime for working through lunch breaks. By 2020, DeJesus alleges he was not offered overtime shifts — the only person on his crew left out, despite his seniority.
A 2023 agreement between the town and Civil Service Employees Association Unit 8785, which covers town employees including the highway department, says promotions, transfers and overtime are determined by seniority if the employee "in the opinion of the department head, is competent."
DeJesus, a union employee, said in court documents his supervisor stopped assigning him to work on a mower during yearly brush cleanup, considered “one of the more desirable” tasks by employees.
DeJesus was paid $70,100 last year, according to town payroll records. The records show he earned no overtime in 2023.
Southold Highway Superintendent Dan Goodwin said Tuesday he had not seen the suit and declined to comment.
Liane Fisher, an employment attorney for DeJesus based in Manhattan, did not respond to requests for comment.
Among the allegations in the suit, DeJesus says he faced steeper discipline and more scrutiny than white co-workers and once found the contents of his work locker tossed on the floor.
In February 2020, the complaint said, while picking up breakfast at a deli during a mandatory break with his crew, a supervisor told them to leave but only cited DeJesus for insubordination.
“None of his white co-workers in the deli experienced any consequences,” according to the suit.
DeJesus is seeking unspecified monetary damages for emotional suffering, loss of career fulfillment, humiliation and court costs, according to the lawsuit.
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Newsday Live Author Series: Bobby Flay Newsday Live and Long Island LitFest present a conversation with Emmy-winning host, professional chef, restaurateur and author Bobby Flay. Newsday food reporter and critic Erica Marcus hosts a discussion about the chef's life, four-decade career and new cookbook, "Bobby Flay: Chapter One."
