Three complaints to a supervisor, then a firing the next day, the EEOC alleges
The EEOC has sued Advanced Technology Group, alleging the construction firm tolerated harassment of American workers on a New Mexico jobsite - and fired one the day after he escalated his complaint.
The complaint, filed May 12, 2026, in federal court in New Mexico, names Hillsboro, Oregon-based ATG. It seeks relief for journeyman carpenter Robert Gutierrez and a class of other American workers. According to the filing, the crew at issue was working at an Intel semiconductor fabrication plant in Rio Rancho, installing overhead tracks used to transport computer chips and assembling storage dockers.
Gutierrez is Hispanic American, born in the United States, and the filing says he identifies his national origin as American. His direct supervisor was Superintendent Adelfo Morales, who the complaint says is Mexican and was born in Mexico. Many of Gutierrez's coworkers were also born in Mexico, the filing states, and most workers on the jobsite spoke Spanish. ATG said it required translation for English-speaking workers, according to the EEOC, but workers told the agency that directives were "rarely translated" and that English-speaking workers were often excluded from discussions at work.
The alleged harassment, the complaint says, started after Gutierrez was temporarily promoted to a lead position on or around June 1, 2023. According to the filing, his coworkers responded by ignoring him, pretending not to understand him, and calling him slurs daily - "pocho," "plastico," "gringo," and "half-breed." The complaint describes "pocho" as a Mexican slang term for a Mexican American who has assimilated into American culture, and "plastico" as Mexican slang for someone seen as a fake Mexican because they are "too American."
The EEOC says Gutierrez complained to his supervisor three times - on or about June 1, June 30, and July 17, 2023 - and that nothing was done in response. By the third conversation, the filing states, he also reported coworkers hiding his tools and "blocking" him for not speaking Spanish. According to the complaint, the supervisor suggested he could work the night shift - which would still have required him to work with the same coworkers.
Later that same day, the filing says, Gutierrez took the complaint to another ATG supervisor, Mike Chapplear. The next morning, Gutierrez was called into his supervisor's office and, according to the complaint, was yelled at for "going above [Morales's] head" and fired. The filing says Chapplear later told Gutierrez that Morales "caused such a fuss it got to my boss," and that Gutierrez was not rehirable.
The complaint also points to what it describes as inconsistencies in ATG's paperwork. In its position statement during the EEOC investigation, the filing says, ATG claimed Gutierrez was fired because he nearly fell asleep while supporting a 100-pound beam. The write-up for that incident, according to the complaint, was signed by the supervisor and not by Gutierrez, and Gutierrez denies falling asleep or any safety violation. ATG's termination paperwork, the EEOC says, lists the reasons as "other" and "arguing with crews and almost starting a fight" - with no mention of any safety violation.
The complaint also alleges ATG did not follow its own written progressive discipline policy. That policy, the filing states, has four phases and provides that a first-time violation is not normally cause for termination, with the first phase calling for an explanation of expected conduct and a verbal warning.
The EEOC brings two claims under Title VII: a hostile work environment based on national origin (American), and retaliation. It is seeking a permanent injunction, mandatory national origin harassment and retaliation training, back pay with prejudgment interest, front pay, reinstatement, compensatory damages, and punitive damages.
For HR professionals, the complaint describes a gap between policy on paper and practice on the ground. ATG's harassment policy, quoted in the filing, tells employees to contact their supervisor or an officer of the company immediately if they feel a procedure or practice is discriminatory. The EEOC says Gutierrez followed that policy and that the company did not act on his complaints. The agency also alleges that the stated reasons for the termination in ATG's position statement and in its termination paperwork did not match, and that the company departed from its own progressive discipline framework.
The class allegations broaden the picture. The EEOC says other American workers at ATG, including a Navajo employee who does not speak Spanish, were called slurs such as "half-breed" and were belittled for not being from "old Mexico," not speaking Spanish well, not having a Mexican spouse, or otherwise being perceived as "too American."
The allegations have not been tested in court. ATG has not yet filed a response, and no court has ruled on the claims.
