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Friday, January 4, 2008

News Breaking The Law: Alleged Anti-Arab Discrimination

Posted by Matt Davis on Fri, Jan 4 at 4:51 PM

Specifically, allegedly saying this to a Libyan employee:

“You fucking Arab terrorist motherfucker, I will kill you.”
Ah, yes. Welcome back to Oregon’s litigatory underbelly. This week in Breaking The Law, my super journalistic (i.e lazy-ass) blogumn wherein I basically go down to Federal Court, pluck out an interesting lawsuit and copy it out for you verbatim, it’s the sin of all postmodern workplace sins: Alleged Anti-Arab Discrimination. Gasp!arabcamel.jpg
ARAB: Entitled to a non-discriminatory work environment, just like normal people…

On then, albeit with the usual disclaimer: I’m writing about pending litigation that’s not yet been decided in court. So we’re talking about allegations, and not facts. But you know, I have to say that. Although in this case, according to attorneys for the defendant, it might even be true. Who knows…

Salahadin N.Treki is suing the Rose City Moving and Storage corporation, alleging wrongful discharge and racial, religious and national origin discrimination in violation of Oregon and federal equal opportunities law.

Treki, who worked for the firm between June 2005 until his termination on November 10, 2006, alleges his supervisory foreman aggressively confronted him and said “You fucking Arab terrorist motherfucker, I will kill you,” in June 2006.

Treki also alleges he was told to drop his complaint when he protested, and that he was denied a pay increase because of his race, religion, and national origin. Treki is of the Muslim religion, of Lybian national origin, and is non-caucasian.

Treki says he was unfairly discriminated against for taking long breaks when in fact his breaks were no longer than those of his fellow workers at the same time and place, and that he was terminated in whole or in part because of his race, religion and national origin. He complained to the Bureau of Labor and Industries but then withdrew his complaint before a decision was reached, to file the civil suit.

Treki is suing for $400,000, plus costs.

My client denies the allegations,” says Jeffrey Druckman, attorney for Rose City Moving & Storage. “They are completely unfounded and we are contesting them. You wouldn’t gather this background from the complaint, but Mr.Treki received warnings about his performance and behavior five months prior to his termination for walking off the job. This is something he could have been terminated for if his employer had been determined.”

“Two months later, Mr.Treki was again warned for taking excessive breaks, failing to check in with dispatch, abusing the company’s break and lunch policies not once but several times. He was given a final warning and told any more problems would result in his termination,” Druckman continues.

“Two weeks after that, a situation developed on a job that gave no option but for Mr.Treki’s termination. He was using foul language on the job in earshot of customers, taking extensive breaks, exhibiting a poor attitude, and not taking supervision,” Druckman says.

Druckman adds that the alleged “Arab terrorist motherfucker comment” is vigorously denied by Treki’s co-worker, who was not, after all, his supervisor. He says another of Treki’s co-workers also denies that the statement was made, and says there is no basis for the allegation.

The alleged comment is supposed to have been made while Mr.Treki was on a week-long job in Redmond,” Druckman adds. “The employees all received a per diem allowance for the week, which Mr.Treki gambled away on the first night and it didn’t make it easy for him.

Druckman alleges Treki was sent home early with a driver after asking his co-workers to borrow money, and that he told the driver he was going to “get back at the lead man” on the job for sending him home.

It’s really a case where the motive for making these allegations is clear,” says Druckman. “They have no basis according to our investigation, whatsoever.”

“Sometimes you look at cases like these and they seem very shocking,” Druckman continues. “But it’s important to get both sides of the story.”

Indeed. Now: Who’s bullshitting?

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