BUFFALO, N.Y. (WGRZ) — Ford Motor Company has agreed to pay $2.3 million to settle a 2021 charge from the U.S. Equal Employment Opportunity Commission alleging race and national origin harassment at the company’s Buffalo Stamping Plant.

The commission’s investigation allegedly found graffiti targeting Black, Native American, and Hispanic workers in several areas of the plant, including bathrooms and break rooms. The EEOC said it had reasonable cause to believe employees at the facility were subjected to harassment and discrimination based on race and national origin, in violation of Title VII of the Civil Rights Act of 1964.

Rather than proceed to litigation, Ford and the EEOC resolved the charge through the agency’s pre-litigation conciliation process. Under the agreement, Ford will pay $2.3 million to a class of eligible claimants, post information on its anti-graffiti protocol, conduct regular training at the Buffalo plant, and report to the EEOC on any discrimination complaints or graffiti at the facility.

EEOC New York district regional attorney Kimberly Cruz says in a statement, “The display of discriminatory messaging, through graffiti, posters, GIFs or memes, can have broad impact in the workplace. Title VII applies to all kinds of discriminatory communications in the workplace whether found on walls, doors, desks or electronic screens, including mobile phones used at work.”

“It’s really sad that you still see stuff like that happen,” said University at Buffalo law professor Matthew Dimick, who teaches classes on employment discrimination law, labor law, and employment law.

Dimick says employers have to take action under N.Y. law after learning of workplace harassment.

“The employer has to actually take some steps to try and mitigate it and address the problem, which it sounds like they’ve done with the settlement, more than just paying money, but ways of identifying and cleaning the graffiti as soon as possible,” he said.

The EEOC noted that Ford took voluntary steps to address the graffiti during the investigation, including upgrading the plant’s surveillance system, which includes applying graffiti-repellent coatings to restroom surfaces, and creating a formal reporting and removal protocol.

“I think in some ways, Ford is better off settling this without going to litigation, but the fact that they settled it for $2.3 million suggests the evidence was pretty significant there,” Dimick said.

In a statement, chief manufacturing officer Bryce Currie said, “Ford does not tolerate harassment or discrimination of any kind. We maintain strict policies against misconduct and thoroughly investigate all allegations, with penalties up to and including termination. When these issues were brought to our attention, we took action. Over the past several years, we have voluntarily invested more than $3.5 million at our Buffalo Stamping Plant to upgrade security, apply anti-graffiti coatings and improve the overall plant environment. Under new leadership, we have made significant progress and remain committed to keeping this facility a safe, respectful and welcoming workplace. We appreciate partnering with the EEOC to implement these changes.”

Managing partner at Tully Rinckey PLLC, Allen Shoikhetbrod, says employees often hesitate to come forward about workplace harassment out of fear of retaliation.