Refugees File Employment Discrimination Class Action Against Defense Contractors

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An employment discrimination class action lawsuit on behalf of East African refugees has been filed against Bristol Bay Native Corporation, Glacier Technical Solutions LLC and Workforce Resources LLC over allegations they treat East African workers less favorably than those who are not East African.

According to the refugee discrimination class action lawsuit, the defendants contract with the U.S. Department of Defense to help train U.S. Marines in various cultures throughout the world, including African, Iraqi, Afghani, Filipino and Mexican.

“To this end, the Defendants employ East African refugees as role-players to work in simulated villages as shopkeepers, village elders, insurgents and other roles,” the refugee discrimination class action lawsuit says. “The simulations teach Marines how to operate safely and effectively in counter-insurgency operations they may face in future combat or peace-keeping missions.”

The East African refugees employed by the defendants as role-players are citizens or permanent U.S. residents, according to the refugee discrimination class action lawsuit. Many of the refugees are Somali Bantu immigrants who fled their country of origin due to the civil war and terrorism that has been continuing for more than two decades.

The East African refugee class action lawsuit asserts that all of the East African refugees are from poor, rural communities and most cannot speak or understand English. The majority of the refugees reportedly live below the federal poverty line.

“Although the East African refugees are a distinct and insular cultural group, they are exceptionally patriotic to the United States, proud of their citizenship and association with America, and grateful to the country for rescuing them from civil war and poverty, and for offering them a future,” the East African refugee class action lawsuit states.

The plaintiffs claim they are honored to serve as role-players for the U.S. military. However, they argue that the defendants “have a consistent and pervasive history” of treating the East African role-players less favorably than other role-players.

Despite their complaints about disparate treatment and harassment, the East African refugees were allegedly subjected to further mistreatment or threatened with termination. According to the employment discrimination class action lawsuit, the East African role-players were treated differently than similarly-situated role-players from other regions.

The plaintiffs report they were subjected on a near-daily basis to insults, ridicule, mockery, scorn and other disparagements based on their national origin, gender, and/or religion. They were also allegedly required to perform janitorial duties that were not within their job description, often without compensation.

According to the refugee discrimination class action lawsuit, they were not provided promotional opportunities, rest and meal breaks, transportation and food in as favorable a manner as non-East African role-players.

The mistreatment and discrimination continued even after the East African refugees filed complaints with the Equal Opportunity Commission and the National Labor Relations Board, the plaintiffs allege.

The refugee discrimination class action lawsuit seeks to represent a Class of refugees from Somalia, Ethiopia, the Democratic Republic of the Congo, and Burundi who worked as role-players for the defendants since 2010. They also seek to represent a female Class and a Muslim Class of East African refugees.

The plaintiffs are seeking an end to the discriminatory practices as well as declaratory and injunctive relief, back pay, front pay, and compensatory and punitive damages.

The plaintiffs are represented by Marilynn Mika Spencer, A. Melissa Johnson and Thomas J. McCammon of Spencer Johnson McCammon LLP.

The East African Refugee Discrimination Class Action Lawsuit is Abucar Nunow Abikar, et al. v. Bristol Bay Native Corporation, et al., Case No. 3:17-cv-99999, in the U.S. District Court for the Southern District of California, San Diego.