Teh One Who Knocks
05-22-2012, 09:47 PM
By Aimee Green, The Oregonian
Two men who were fired after they complained to Oregon regulators about the lack of an on-the-job toilet have been awarded $332,000 by a Portland jury.
Douglas Eki and Xerxes "Jason" Doctolero did mechanical work at Portland International Airport and urinated in a bucket or worse yet -- soiled their clothing -- because they couldn't get to a toilet fast enough.
During a week-long trial that ended Friday, the men testified that their employer -- Menzies Aviation -- refused to provide them with a toilet and that using the restrooms of neighboring businesses that leased space in the airport's east cargo center wasn't a solution. The businesses didn't welcome them or were sometimes closed.
After months of frustration and three accidents, Eki complained to the Oregon Occupational Safety and Health Division in June 2010. An OSHA inspector visited Menzies Aviation the following month. Both men cooperated with the inspector, and on Aug. 6, 2010, OSHA cited the company for failing to provide restroom facilities. The men were fired later that month.
The jury found that the company, which has more than 17,000 employees worldwide and is headquartered in the United Kingdom, retaliated against the men for cooperating with the OSHA inspector. Juror Lila Zamani said the company's treatment of the men was "definitely despicable." She said she and other jurors believed that having easy access to a toilet was a basic human right.
"We talked about the concept of dignity -- being able to go to the bathroom within 30 seconds or a minute," Zamani said.
After Multnomah County Circuit Judge Edward Jones read the verdict, Eki and Doctolero gave each other a hearty hug, then turned to their attorney and hugged him. Doctolero said working without ready access to a restroom was humiliating, but it was also embarrassing to take the stand and speak about accidents while on the job.
"Hopefully no one will have to suffer again what I've been through," said Doctolero, 42, a Portland father of four who worked as much as 85 hours a week between two jobs.
Doctolero said he felt betrayed that his employer of eight years fired him, especially because he would travel to the airport on a moment's notice -- sometimes in the middle of the night -- to fix equipment for Menzies. The company contracted out with Alaska Airlines to clean their airplanes, handle baggage and push aircraft away from the gate.
The problems began in Sept. 2009 when Menzies moved its maintenance workshop from below Alaska Airlines' Concourse C to the east cargo center. Doctolero testified that he constantly had complained that the company needed to provide him with a portable toilet at the cargo center. He continued to complain after Eki -- 73, and a Troutdale grandfather of 11 -- was hired in April 2010.
Menzies managers claimed that the men had permission to use the toilets at Horizon Airlines, but the men said they did once or twice and stopped after it was clear that they weren't welcome there. Their attorney, Tom Spaulding, told jurors that Horizon employees probably were reluctant to let the men -- basically strangers to them -- into their facilities because of post Sept. 11 safety precautions.
Christopher G. Ward, a Chicago, Ill.-based attorney for Menzies Aviation, contended that the men were fired not in retaliation for cooperating with OSHA, but because they were told not to urinate in the bucket -- and they defied management orders by continuing to do so. But Spaulding, the men's attorney, countered that a company vice president ordered their termination almost immediately after learning about the citation.
"If someone did it here in Dallas I'd have them gone by the time they zipped up," Phil Harnden, a Menzies vice president, wrote in an email to managers on Aug. 10. "... They have got to go -- there is no place for them in Menzies. Tell me when it will be done by."
It's unclear if the company will appeal. No one from Menzies Aviation could be reached for comment Monday. An employee in the company's Portland offices said he didn't have authorization to speak about the case, and he declined to say who could.
The company was founded in 1995. According to its website, it operates passenger, ramp and cargo handling services in 29 countries.
Jurors awarded Doctolero $77,000 and Eki $15,000 in lost wages and benefits. Jurors also awarded each man $30,000 for pain and suffering, and $90,000 each for punitive damages. Under Oregon law, 60 percent of the punitive damage award will go to the state's crime victims compensation fund.
Two men who were fired after they complained to Oregon regulators about the lack of an on-the-job toilet have been awarded $332,000 by a Portland jury.
Douglas Eki and Xerxes "Jason" Doctolero did mechanical work at Portland International Airport and urinated in a bucket or worse yet -- soiled their clothing -- because they couldn't get to a toilet fast enough.
During a week-long trial that ended Friday, the men testified that their employer -- Menzies Aviation -- refused to provide them with a toilet and that using the restrooms of neighboring businesses that leased space in the airport's east cargo center wasn't a solution. The businesses didn't welcome them or were sometimes closed.
After months of frustration and three accidents, Eki complained to the Oregon Occupational Safety and Health Division in June 2010. An OSHA inspector visited Menzies Aviation the following month. Both men cooperated with the inspector, and on Aug. 6, 2010, OSHA cited the company for failing to provide restroom facilities. The men were fired later that month.
The jury found that the company, which has more than 17,000 employees worldwide and is headquartered in the United Kingdom, retaliated against the men for cooperating with the OSHA inspector. Juror Lila Zamani said the company's treatment of the men was "definitely despicable." She said she and other jurors believed that having easy access to a toilet was a basic human right.
"We talked about the concept of dignity -- being able to go to the bathroom within 30 seconds or a minute," Zamani said.
After Multnomah County Circuit Judge Edward Jones read the verdict, Eki and Doctolero gave each other a hearty hug, then turned to their attorney and hugged him. Doctolero said working without ready access to a restroom was humiliating, but it was also embarrassing to take the stand and speak about accidents while on the job.
"Hopefully no one will have to suffer again what I've been through," said Doctolero, 42, a Portland father of four who worked as much as 85 hours a week between two jobs.
Doctolero said he felt betrayed that his employer of eight years fired him, especially because he would travel to the airport on a moment's notice -- sometimes in the middle of the night -- to fix equipment for Menzies. The company contracted out with Alaska Airlines to clean their airplanes, handle baggage and push aircraft away from the gate.
The problems began in Sept. 2009 when Menzies moved its maintenance workshop from below Alaska Airlines' Concourse C to the east cargo center. Doctolero testified that he constantly had complained that the company needed to provide him with a portable toilet at the cargo center. He continued to complain after Eki -- 73, and a Troutdale grandfather of 11 -- was hired in April 2010.
Menzies managers claimed that the men had permission to use the toilets at Horizon Airlines, but the men said they did once or twice and stopped after it was clear that they weren't welcome there. Their attorney, Tom Spaulding, told jurors that Horizon employees probably were reluctant to let the men -- basically strangers to them -- into their facilities because of post Sept. 11 safety precautions.
Christopher G. Ward, a Chicago, Ill.-based attorney for Menzies Aviation, contended that the men were fired not in retaliation for cooperating with OSHA, but because they were told not to urinate in the bucket -- and they defied management orders by continuing to do so. But Spaulding, the men's attorney, countered that a company vice president ordered their termination almost immediately after learning about the citation.
"If someone did it here in Dallas I'd have them gone by the time they zipped up," Phil Harnden, a Menzies vice president, wrote in an email to managers on Aug. 10. "... They have got to go -- there is no place for them in Menzies. Tell me when it will be done by."
It's unclear if the company will appeal. No one from Menzies Aviation could be reached for comment Monday. An employee in the company's Portland offices said he didn't have authorization to speak about the case, and he declined to say who could.
The company was founded in 1995. According to its website, it operates passenger, ramp and cargo handling services in 29 countries.
Jurors awarded Doctolero $77,000 and Eki $15,000 in lost wages and benefits. Jurors also awarded each man $30,000 for pain and suffering, and $90,000 each for punitive damages. Under Oregon law, 60 percent of the punitive damage award will go to the state's crime victims compensation fund.