Lawsuit Claims Roofer Forced Out After Sex Harassment

EEOC alleges Buffalo, N.Y., firm created intolerable conditions leading to worker resignation

By Tanja Kern, Senior Strategic Content Editor

A.W. Farrell & Son, Inc., a commercial roofing company operating in New York and Pennsylvania, is facing a federal lawsuit after the U.S. Equal Employment Opportunity Commission (EEOC) alleged it ignored a journeyman roofer’s repeated complaints of sexual harassment by his supervisor.

The agency says the company’s inaction created intolerable conditions that drove the employee to resign, in violation of federal civil rights law.

According to the EEOC’s lawsuit, the roofer’s supervisor subjected him to months of unwelcome comments and incidents of physical contact on the job, including an assault severe enough to require medical attention. When the roofer reported the harassment, the company failed to address it appropriately and instead suggested the roofer give his harassing supervisor “another chance.”

When he realized the company would not protect him from future harassment, the roofer resigned.

“If a company knows about sexual harassment and fails to take action, it may be liable if the harassment creates intolerable conditions that force an employee to quit,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office.

The alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex. The EEOC filed suit (EEOC v. A.W. Farrell & Son, Inc., et al., Case No. 25-cv-00953) in U.S. District Court for the Western District of New York after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Acting EEOC New York District Director Arlean Nieto said, “This lawsuit demonstrates the consequences for employers who permit harassment in their workplace rather than follow the law.”

For more information on sexual harassment, visit eeoc.gov/sexual-harassment. For more information on retaliation, please visit www.eeoc.gov/retaliation.

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Tanja Kern covers economic trends and the intersection of architecture, design, and construction for Roofing Contractor, with an emphasis on the forces reshaping the industry. She develops and amplifies content that connects roofing professionals with the intelligence they need to compete and grow.

With more than 20 years of experience, Tanja has written for national business, consumer and trade publications. She holds a Master of Science in magazine publishing from Northwestern University's Medill School of Journalism.