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CIVIL RIGHTS COMPLAINT Racist jokes prompted probe in Medford City acknowledges that Hispanic and African-American workers were targeted Comment By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Jun. 16, 2016 at 4:54 PM Updated Jun 16, 2016 at 5:27 PM By Damian Mann Mail Tribune Follow @@reporterdm Posted Jun. 16, 2016 at 4:54 PM Updated Jun 16, 2016 at 5:27 PM » Social News A pattern of racial jokes and banter in the Medford Public Works Department in 2014 and 2015 violated city policy and prompted an internal investigation that led to training and education of employees involved, according to documents obtained from the city by the Mail Tribune. “The training included the point that such comments, even (when) made as jokes between co-workers, were prohibited in the workplace,” according to a letter written May 23, 2016, by Eric Mitton, senior assistant city attorney. Mitton wrote the letter to the Oregon Bureau of Labor and Industries after a race discrimination complaint was filed April 20 by employee Juan Vega, 39. Vega worked in the Public Works department from Dec. 15, 2014, to Sept. 1, 2015, at which point he was fired by the city, then subsequently rehired and then immediately resigned. Vega claims he endured racial discrimination from co-workers and managers. In response to the BOLI complaint, filed by the Mitra Law Group of Portland on behalf of Vega, the city acknowledges that employees did engage in improper behavior that violated city policy, but the city maintains the comments didn’t rise to the level of creating a hostile work environment under federal or state law. According to Vega’s complaint, he said he was subjected to a series of racial jokes and banter as well as a more serious allegation that someone may have tampered with the brakes on his work pickup truck. The city denied the latter allegation because the truck in question had a history of brake problems. Vega wrote in a Sept. 3, 2015, email exchange with the Human Resources Department, “The racist comments began early on when I was first hired, but I assumed they would taper off.” Vega, who also described the work environment as “racially charged,” said in the email that workers would often make remarks such as, “Where’s the Mexican at?” or “Go get the beaner.” In the complaint, Vega stated that when he brought a sandwich to work, co-workers asked questions such as, “I thought you guys only ate tacos and burritos.” Co-workers referred to President Obama as the “n-----,” Vega’s complaint alleges. The city has acknowledged that inappropriate comments were made, including about Obama, but also stated that Vega engaged in similar banter and wore a shirt that stated, “Made in the USA with Mexican parts,” and Vega would jest that “BMW” referred to “Big Mexican Weiner.” According to Mitton’s letter, “On numerous occasions, Mr. Vega would refer to Caucasian co-workers as rednecks.” The BOLI complaint lists eight Medford employees as "aidors, abettors or retaliators": Dan Jones, Casey Pariani, Joe DeAcentis, Troy Fuller, Tad Blanton, Ryan James, Donny Christian and Brice Perkins. Blanton and Perkins have managerial positions with the city. The workers are in the Infrastructure Rehabilitation Team, which is responsible for street maintenance and other duties. An African-American co-worker, Eric Comfort, confided to Vega that he was subjected to racist comments but didn’t want to complain for fear he would lose his job and benefits, according to Vega’s complaint. Vega “sadly witnessed his African-American co-worker simply take the racial abuse without comment,” the complaint alleges. The city acknowledges in its response to the BOLI complaint that inappropriate racial jokes were, in fact, made about Comfort. Charlie Burr, communications director for BOLI, would confirm only that his office has an open investigation about the case that can last up to one year. He said BOLI receives thousands of calls a year about unlawful discrimination, but on average about 2,000 cases are actually filed. “We generally find substantial evidence in about 10 percent of all the complaints we receive,” he said. “Any kind of unlawful discrimination is serious. We have a high bar to meet before we make a determination.” Burr said this is the only civil rights complaint his office has received in the past five years against the city of Medford. BOLI offers seminars as well as a technical assistance program for employers to provide information about laws on discrimination, harassment and other issues. Vega states he complained to Blanton, his supervisor, but the complaint states Blanton ignored the complaint because he didn’t want to “open a whole can of worms.” On Sept. 1, 2015, according to the complaint, Perkins, also a supervisor, told Vega he was still in his probationary period and that his job was terminated immediately. In an Aug. 27 letter from Perkins, he stated that Vega’s superior, Rick Sanders, found that Vega was a “slow learner and lacks self confidence” and had to be told the same thing over and over again. “Rick stated that Juan generally seems to hang back and let others do the work,” Perkins stated. After Vega was fired, Mike Snyder, the city's Human Resources director, had an email exchange with Vega, in which he stated the city was investigating the issue. “Additionally, the city will reinstate your employment and start you on Monday, Sept. 21, 2015, on the striping crew,” Snyder wrote Sept. 14, 2015. In another email two days later, Snyder said Vega’s position was probationary and his termination was not considered disciplinary. On Sept. 17, 2015, Snyder wrote in an email to Vega, “My most sincere apology regarding this conduct you have described. This is unacceptable behavior and reflects negatively on the city. I can assure you conduct of this nature is not tolerated and will be dealt with appropriately.” Vega sent an email resigning on Sept. 17, 2015, saying he feared further harassment and worried that he could put his family’s life in danger. Snyder said Thursday the city has an anti-harassment policy that employees are required to sign. Also, the city offers additional training and education to departments on a variety of issues, including sexual harassment, race and gender issues. “That being said, I’m pushing for annual training of our employees,” Snyder said. Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter at www.twitter.com/reporterdm . By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Jun. 16, 2016 at 4:54 PM Updated Jun 16, 2016 at 5:27 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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