An employee of the Southold Town Highway Department alleges he was subjected to racist comments and denied promotions and overtime pay in a civil lawsuit filed July 19 in Suffolk Supreme Court.
The plaintiff is listed as Robert DeJesus and the Town of Southold Highway Department, former Deputy Highway Superintendent Roger Tabor and department foreman Donald Sayre are named as defendants.
“Since [Mr.DeJesus’] employment commenced, Plaintiff has been consistently treated unfairly because he is an African-American man,” the suit alleges. Mr. DeJesus is seeking indeterminate monetary compensation for court costs, emotional suffering, humiliation, loss of career fulfillment and harm to his reputation, according to the lawsuit.
Mr. DeJesus started working at the department in March 2014 as an automotive equipment operator, reporting to Mr. Sayre.
Mr.DeJesus is the only Black employee in the department and in addition to alleging he endured racial slurs and being consistently denied overtime pay and passed over for promotions, the suit also alleges he was “systematically denied equal terms and conditions of employment.”
Mr.Tabor “was aware of racist attitudes among the staff and in violation of the law but did nothing to protect Plaintiff against the hateful insults and conduct,” the lawsuit states.
“We take any actions that are filed seriously,” said Southold Town Attorney Paul DeChance, who also represents Mr. Tabor and Mr. Sayre, adding that the town does not comment on any pending litigation.
The suit alleges that a colleague used a racial slur within earshot of Mr. DeJesus in 2017 but when he reported it, Mr. Tabor responded “dismissively and coldly.” After Mr. DeJesus persisted in asking if any action had been taken, the suit states that Mr. Tabor “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.”
There was no resulting investigation of Mr.DeJesus’ complaints, according to the suit. Two months later, the suit alleges Mr. Tabor “spitefully,” assigned Mr. DeJesus to work with the colleague who used the racial slur and that several co-workers who were aware that offensive language had been used also complained to Mr. Tabor, but he “insisted upon forcing Plaintiff to work alongside him.”
The complaint also sites a 2020 incident in which Mr. DeJesus was the only employee cited for insubordination after picking up breakfast at a deli during a break with his crew. Another member of the crew had allegedly been called by a foreman and told not to pick up breakfast at the deli moving forward. Mr. DeJesus inquired about the directive, which is not covered by the Collective Bargaining Agreement.
“None of his white co-workers in the deli experienced any consequences,” the suit states.
The suit also alleges that in February 2021, after being exposed to someone who tested positive for COVID-19, Mr. DeJesus’ doctor directed him to quarantine for five days. “In defiance of this medical guidance, Defendant Tabor and Assistant Town Attorney Damon Hagan demanded that Plaintiff report to work immediately or use his personal time.” Mr. DeJesus used his personal time according to the lawsuit.
“By contrast all of plaintiffs white co-workers were compensated during their full quarantine period and did not have to use their personal time,” the suit said.
The most recent complaint is from October 2023, when Mr. DeJesus alleges he went to the locker room and found that the contents of his locker had been “removed and spread on the floor.”
Liane Fisher, an employment attorney representing Mr. DeJesus, was not available for comment before publication.
Current Highway superintendent Dan Goodwin declined to comment on the matter.
Mr. Tabor couldn’t be reached for comment.