In January 2017, claimants consisting of eight Black employees of Air Systems Inc., an electrical subcontractor based in San Jose, were allegedly subjected to racial harassment at the Apple Park construction project, in Cupertino. Two of the employees reported the alleged harassment to Air Systems, but they claimed the company failed to act. The eight employees filed claims with the plaintiff, the U.S. Equal Employment Opportunity Commission, which first attempted to reach a pre-litigation settlement through its conciliation process. The EEOC ultimately sued Air Systems Inc., alleging that the eight Black employees were subjected to racial discrimination in violation of the Civil Rights Act of 1964. Plaintiff’s counsel contended that the eight workers endured harassment, such as finding a noose hung at the site next to a note that contained expletives and a threat of lynching. Counsel also contended that the workers were exposed to racist graffiti and racial epithets that were drawn on the walls of the portable toilets at the project and that when two of the subject employees reported that a white co-worker taunted them with racist remarks, Air Systems failed to act. Defense counsel contended that once Air Systems learned of the claimants’ allegations, it initiated a comprehensive investigation and took immediate corrective actions., The EEOC claimed that the eight former employees suffered emotional distress as a result of the incidents. The EEOC, acting on behalf of the eight claimants, sought recovery of past and future loss of earnings, and damages for their emotional pain and suffering.