This case is brought on behalf of three individual Plaintiffs who were referred to the DLC through their medical provider. The Plaintiffs are largely non-native English speakers, who have developed or are in some stage of developing, Silicosis (irreversible lung disease) and rheumatoid arthritis due to exposure to crystalline silica dust. These individuals have worked in the stone industry for many years and developed symptomatic lung disease or debilitating arthritis while still at their jobs, ultimately manifesting in an inability to continue working in such physical positions or all.
The Complaint alleges that Delta Stone, the Plaintiffs’ employer, repeatedly refused to change its safety and ventilation procedures in the stone fabrication shops to increase airflow and decrease stone dust exposure for employees, even though such changes were suggested by employees and workplace safety professionals, were generally easy to accomplish, and were inexpensive to implement. The Complaint alleges that Delta Stone adopted and put into place a policy and procedure of routinely delaying, discouraging, and/or denying workers’ compensation claims filed by employees injured on the job, interfering in medical visits related to on the job injuries, and harassing and misleading non-native English speaking employees regarding their rights and employment status after receiving diagnoses related to crystalline silica dust exposure.
The Complaint further alleges that they treated Plaintiffs differently based on their race, color, ancestry, and ethnicity by placing Spanish-speaking Latino employees of Mexican descent in uniquely dangerous working conditions as compared to their white and native English-speaking colleagues. In addition, Plaintiffs Employees were routinely denied transfers to positions with less stone dust exposure when they returned to work after their diagnoses.