Restaurant Owner Sued by EEOC for Sexual Harassment and Retaliation

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

PHOENIX — A restaurant violated federal law by subjecting a female employee to sexual harassment and by firing her for her complaint, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

The EEOC’s lawsuit, filed in U.S. District Court for the District of Arizona, alleges an assistant manager at the restaurant location in Glendale sexually harassed Adriana Lopez by fondling himself in her presence, grabbing her buttocks, and attempting to grab her breasts. The EEOC alleges after Lopez complained to her managers, she was suspended and then fired in retaliation for her complaint.

This alleged conduct violated Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, which prohibit employment discrimination based on sex, race, color, religion, or national origin, as well as retaliation. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit seeks compensatory and punitive damages for Lopez as well as appropriate injunctive relief to prevent any further sex-discriminatory practices.

“Employers who subject people to harassment based on sex are violating federal law,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office. “It is particularly important for the EEOC to vigorously enforce the anti-retaliation provisions in the employment discrimination laws. We have seen an alarming increase in retaliation charges, and we are very concerned employees know that they can report discrimination without repercussions.”

EEOC District Director Rayford O. Irvin added, “"Employers must take complaints of discrimination seriously and address them appropriately. Retaliation against victims of harassment who have spoken out or reported such behavior is all too common and just as illegal as the harassment itself. The EEOC will not look the other way."

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination.

For more information on employment discrimination laws, or to learn about anti-harassment training to protect your company from liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.