By: Devin Fry
WAHPETON, N.D. (Valley News Live) – A Minnesota woman has filed a federal lawsuit against Bobcat, alleging she was discriminated against, harassed, and retaliated against while working at the company’s Wahpeton, North Dakota facility.
Ariel R. Herrera filed the complaint Thursday in U.S. District Court. The lawsuit names Doosan Bobcat North America, Inc., the parent company of Bobcat, as the defendant.
Herrera, who worked as a machinist at the Wahpeton plant, claims Bobcat violated Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the North Dakota Human Rights Act.
According to the complaint, Herrera began working at Bobcat in December 2021 and received positive performance reviews early in her tenure. The lawsuit alleges that in early 2023, after Herrera disclosed her sexual orientation to coworkers, her supervisor began subjecting her to heightened scrutiny, false accusations of misconduct and repeated threats of discipline.
The complaint also alleges that in July 2024, a coworker directed anti-gay slurs and sexually degrading language at Herrera on the production floor during working hours. Herrera reported the harassment to Human Resources on July 21, 2024, according to the lawsuit. She alleges Bobcat failed to take prompt or effective action and required her to continue working under hostile conditions.
Herrera also alleges Bobcat failed to accommodate a recurring wrist injury. According to the complaint, after she provided updated medical restrictions in October 2024, Bobcat forced her on leave rather than identifying tasks she could perform within those restrictions.
The lawsuit includes five counts: sex and sexual orientation discrimination, hostile work environment, retaliation under Title VII, disability discrimination, and failure to accommodate under the ADA, and a second retaliation count under the ADA, all also brought under the North Dakota Human Rights Act.
Herrera is seeking back pay, front pay, compensatory and punitive damages in excess of $75,000, plus attorney’s fees. She is demanding a jury trial.
This lawsuit was filed March 26, with a summons issued to Doosan Bobcat North America the same day. At this time, a response has not been filed by the defendant.
