Leading Real Estate Management Company to Pay $125,000 to Settle EEOC National Origin Discrimination Lawsuit

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Supervisor Harassed Latino Janitors, Federal Agency Charged

LAS VEGAS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced the $125,000 settlement of a national origin harassment lawsuit it had filed against a leading real estate company in the United States.  The EEOC had charged that Latino janitors working for the company were subjected to daily verbal attacks because of their national origin. The company owns and/or manages various shopping malls throughout the country, including the Forum Shops at Caesars Palace in Las Vegas, the site where the EEOC said the abuse occurred.

According to the EEOC’s suit, a housekeeping shift leader, who was white, had harassed a class of Latino janitors on a daily basis beginning in 2005, subjecting them to verbal abuse, including slurs. Over a dozen Latino janitors submitted a written petition that same year complaining about the shift leader, but they perceived nothing was done to stop the harassment. The EEOC alleged the harassment continued for another year, until the supervisor was finally terminated for other reasons.

The EEOC originally filed suit against the company in U.S. District Court for the District of Nevada, alleging the conduct violated Title VII of the Civil Rights Act of 1964. The parties entered into a two-year consent decree providing monetary relief for at least five harassment victims along with injunctive relief designed to prevent and appropriately deal with future instances of harassment. The consent decree also requires the company retain a consultant to monitor and track complaints in Nevada; provide anti-harassment and anti-discrimination training for staff; and report compliance efforts to the EEOC.

“We commend (the company) for reinforcing measures to prevent future instances of harassment and discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which has jurisdiction over southern Nevada.  “National origin discrimination issues are on the rise and we are committed to vigorously enforcing federal laws to ensure workplaces free of harassment and discrimination.”

Adriana Lopez, acting director for the EEOC’s Las Vegas Local Office, added, “We encourage workers to report harassment as they did here in this case. We equally encourage employers to take proactive steps to stop harassment and to take swift action when it does occur.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

To learn more about employment discrimination, or to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.