IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

CINCINNATI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, )

) CIVIL ACTION NO.: 

) 1:18-cv-0063

Plaintiff, )

)

v. )

) COMPLAINT

MPW INDUSTRIAL SERVICES, )

INC, )

)

Defendant. )

) JURY TRIAL DEMAND

)

NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (the 

“EEOC” or the “Commission”) brings this action against MPW Industrial 

Services, Inc., pursuant to Title VII of the Civil Rights Act of 1964 and Title I of 

the Civil Rights Act of 1991 to correct unlawful employment practices on the 

basis of race, and to provide appropriate relief to Derick D. Ziegler (“Ziegler”) 

and Tyler J. White (“White”) who were adversely affected by such practices. As 

alleged in paragraph twelve below, the Commission alleges that MPW subjected 

Ziegler and White to a racially hostile work environment, because of their race, 

African American.

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JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 

1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant 

to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as 

amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the 

Civil Rights Act of 1991, 42 U.S.C. §1981a.

2. The employment practices alleged to be unlawful were committed 

within the jurisdiction of the United States District Court for the Southern 

District of Ohio, Cincinnati Division.

PARTIES

3. Plaintiff, the Commission, is the agency of the United States of 

America charged with the administration, interpretation and enforcement of 

Title VII, and is expressly authorized to bring this action by Section 706(f)(1) 

and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

4. Defendant, MPW Industrial Services, Inc. (“MPW”), at all relevant 

times has been a company doing business in the State of Ohio, and has 

continuously had at least fifteen (15) employees.

5. At all relevant times, MPW has continuously been an employer 

engaged in an industry affecting commerce within the meaning of 

Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h).

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ADMINISTRATIVE PROCEDURES

6. More than thirty (30) days prior to the institution of this lawsuit, 

an EEOC Charge of Discrimination was filed by Tyler White and Derick Zeigler 

alleging violations of Title VII. 

7. On August 8, 2017, the Commission issued to Defendant two 

Letters of Determination finding reasonable cause to believe that Title VII was 

violated and inviting Defendant to join with the Commission in informal 

methods of conciliation to endeavor to eliminate the unlawful employment 

practices and provide appropriate relief. 

8. The Commission engaged in communications with Defendant to 

provide the opportunity to remedy the discriminatory practices described in the 

Letters of Determination referenced above in Paragraph 7. 

9. The Commission was unable to secure from Defendant a 

conciliation agreement that was acceptable to the Commission. 

10. The Commission issued to Defendant a Notice of Failure of 

Conciliation advising Defendant that the Commission was unable to secure 

from Defendant a conciliation agreement acceptable to the Commission.

11. All conditions precedent to the institution of this lawsuit have been 

fulfilled.

STATEMENT OF CLAIMS

12. Tyler White (“White”) and Derick Zeigler (“Zeigler”) are both African 

Americans. MPW hired White on or about May 19, 2016. MPW hired Zeigler 

almost two week earlier on May 9, 2016. During their employment MPW 

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subjected them both to a racially hostile work environment in violation of 

Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a):

a. MPW subjected White to a racially hostile work environment

that included, but was not limited to racial epithets, jokes and comments from 

co-workers and supervisors, and two separate hangman-noose incidents, with 

one hangman’s noose being placed around White’s neck. Despite White’s 

repeated complaints about the racially hostile environment, MPW took no or 

insufficient action to rectify the harassment in violation of Title VII.

b. MPW subjected Zeigler to a racially hostile work environment 

that included but was not limited to racial epithets, jokes and comments from 

co-workers and supervisors, a hangman noose incident, and refused access to 

a break-room because it was stated a Klu Klux Klan meeting was being held. 

Despite Zeigler’s repeated complaints about the racially hostile environment, 

MPW took no or insufficient action to rectify the harassment in violation of 

Title VII. 

13. The effect of the practices complained of in paragraph 12 above 

has been to deprive White and Zeigler of equal employment opportunities and 

to otherwise adversely affect their employment status because of their race.

14. The unlawful employment practices complained of in paragraph 12 

above were intentional.

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15. The unlawful employment practices complained of in paragraph 12

above were done with malice or with reckless indifference to White’s and 

Zeigler’s federally protected rights.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining MPW, its officers, 

successors, assigns, and all persons in active concert or participation with it, 

from engaging in discrimination based on race.

B. Order MPW to institute and carry out policies, practices, and 

programs which effectuate the equal treatment of its employees in the terms 

and conditions of their employment and which eradicate the effects of its past 

and present unlawful employment practices based on race. 

C. Order MPW to make whole Zeigler and White by providing them 

compensation for past and future pecuniary losses resulting from the unlawful 

employment practices described in paragraph 12 above in amounts to be 

determined at trial.

D. Order MPW to make whole Ziegler and White by providing them

compensation for past and future non-pecuniary losses resulting from the 

unlawful practices complained of in paragraph 12 above, including emotional 

pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and 

humiliation, in amounts to be determined at trial.

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E. Order MPW to pay Ziegler and White punitive damages for its 

malicious and reckless conduct described in paragraph 12 above, in amounts 

to be determined at trial.

F. Grant such further relief as the Court deems necessary and proper 

in the public interest.

G. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its 

Complaint.

s/ Kenneth L. Bird

Kenneth L. Bird

Regional Attorney

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

Indianapolis District Office

101 W. Ohio St., Suite 1900

Indianapolis, IN 46204-4203

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

Indianapolis District Office

s/ Kenneth W. Brown

Kenneth W. Brown

Senior Trial Attorney

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

Louisville Area Office

600 Dr. Martin Luther King Jr. Place

Suite 268

Louisville, KY 40202

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Phone: 502-582-5440

Fax: 502-582-5437

email: Kenneth.Brown@eeoc.gov

s/ Aarika Mack-Brown

Aarika Mack-Brown

Senior Trial Attorney

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

Indianapolis District Office

101 W. Ohio St., Suite 1900

Indianapolis, IN 46204-4203

Phone: 317-226-7228

Fax: 317-226-7953

Aarika.Mack-Brown@eeoc.gov

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