The complaint leans on hiring data. It alleges that Triad employed roughly 1,168 non-managerial workers over about six years, and that its Colorado hires were 97.2% Hispanic. Between 2020 and 2021, the agency alleges, the company hired 240 people out of 338 applicants, while about thirty non-Hispanic and American applicants applied and were passed over. The EEOC alleges one manager told an employee he did not want Americans working for him.
The HR failures are central to the complaint. It alleges two of the companies had no HR department at all. According to the filing, the owner told an EEOC investigator that he personally handled every HR matter. The complaint also alleges that at one site, a manager told employees they could not go to HR unless a manager was present.
The pay claims sit beside the hiring ones. The EEOC says at least 200 employees were denied overtime. According to the complaint, all of them had Spanish surnames, and of those for whom national-origin data was available, 98% came from Latin American countries. The complaint alleges the companies misclassified workers as independent contractors, handing them 1099 forms and skipping payroll taxes, which left workers with bigger tax bills.
According to the complaint, workers who raised concerns were told to leave. The filing says the owner told one worker, “If you don’t like the pay, you can leave; there are many people who would like to work for this salary.” When another worker complained, a manager allegedly said, “You can go.” The EEOC alleges supervisors told workers they had no right to complain because they were not Americans, and that the companies did not investigate.
The suit also raises a successor-liability question. The EEOC alleges one company was renamed after it “had become uninsurable” but kept the same owner, the same address, and largely the same workforce, and should be treated as a successor carrying the earlier exposure. Under successor-liability principles, renaming a business does not necessarily shed a pending discrimination charge.