Lawsuits: Former Rosenbauer South Dakota employees allege discrimination, sexual harassment

Two former employees of a South Dakota firetruck manufacturer have filed separate lawsuits against the company, one claiming he was subjected to racism and the other saying she felt pressured to provide oral sex to a supervisor.

Ivan Rutebuka and Lisa Maxwell both filed federal lawsuits this month against Rosenbauer South Dakota, which is based in Lyons and is part of an international fire truck manufacturing company.

Rutebuka was an electrician in Uganda, but was forced to flee the country because of unrest, his lawsuit says. He immigrated to the United States, and with the help of a church, established a home in Sioux Falls.

He was hired at Rosenbauer on Sept. 11, 2017 as an electrician. But according to the lawsuit, he was subjected to a litany of racist comments and outright hostility from some employees.

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“Co-worker A,” the lawsuit says, “commented about Rutebuka being related to chimpanzees and apes at the zoo, and asked if Rutebuka had a tail.”

Maxwell was hired in April 2007. Her first supervisor called her a “crack whore” and a “retard,” according to the lawsuit, but her complaints went unheeded. In 2011, a new supervisor, Justin Hackett, pressured her to provide him with oral sex, according to the suit. Her lawsuit says she feared she would lose her job if she didn’t. Those encounters continued on for a period of years.

Her complaint alleges harassment from other male employees, including an employee who exposed himself and another who grabbed her breast.

Scott Oyen, Rosenbauer’s CEO, said he was aware of the lawsuits but couldn’t comment on pending litigation.

Both Rutebuka and Maxwell say they filed complaints with human resources. But those complaints resulted in retaliation from supervisors and suspensions without pay. Upon returning to work, they say they were repeatedly disciplined for behavior that other employees were not disciplined for, and both were constructively discharged, Maxwell on May 17, 2019 and Rutebuka on July 17, 2019.

Both are represented by lawyer Stephanie Pochop, who is based in Gregory and practices employment law.