Male Employee at Huntersville Restaurant Subjected Male Co-Workers to Sexual Touching and Obscene Displays, Federal Agency Charges
CHARLOTTE , N.C. – Huntersville Seafood, Inc. doing business as Captain’s Galley restaurant, violated federal law by subjecting male employees to a sexually hostile work environment and by firing one of its male employees for complaining, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. Captain’s Galley is located off Interstate 77 in Huntersville, N.C.
According to the EEOC’s lawsuit, in 2007 and 2008 Peter Economos was subjected to sexual harassment by a male co-worker. The EEOC contends that on a daily or almost daily basis, the co-worker would touch, poke, or slap Economos on the buttocks, and occasionally would grab his private parts. The co-worker’s conduct also included explicit, obscene sexual gestures. The EEOC said that Economos complained about the sexual harassment to the company’s owner on at least two occasions but that no action was taken to stop the misconduct. Rather, the agency charged, Captain’s Galley discharged Economos in retaliation for his complaints.
Additionally, the complaint alleges that other male employees were subjected to a sexually hostile work environment at Captain’s Galley beginning in at least 2007. Specifically, other male workers were touched, poked, or slapped on their buttocks by the same male co-worker.
Sexual harassment is a form of sex discrimination and violates Title VII of the Civil Rights Act of 1964. Title VII also prohibits employers from retaliating against employees who complain about discrimination in the workplace. The EEOC filed suit in U.S. District Court for the Western District of North Carolina, Charlotte Division ( Equal Employment Opportunity Commission v. Huntersville Seafood Inc., d/b/a Captain’s Galley, Civil Action No. 3:10-cv-00624) after first attempting to reach a pre-litigation settlement. The agency seeks back pay for Economos, as well as compensatory and punitive damages for Economos and the other harassment victims.
“Sexual harassment is illegal and unacceptable, regardless of the gender of the perpetrators or the victims,” said Lynette A. Barnes, regional attorney of the EEOC’s Charlotte District. “Furthermore, an employer is only making a bad situation worse by punishing a victim for complaining instead of addressing and solving the problem. The EEOC will step in when it must to defend the rights of sexual harassment victims.”
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
Tuesday, December 7, 2010
Fleming’s Pays $248,750 To Three Men In EEOC Same-Sex Sexual Harassment Lawsuit
Upscale Chain Settles After Litigation Revealed Head Chef Fondled Male Employees
PHOENIX —Fleming’s Prime Steakhouse and Wine Bar, at DC Ranch in Scottsdale, Ariz., will pay nearly a quarter million dollars and furnish other relief to settle a same-sex sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s suit (CV-07683-PHX-SMM), which was brought in U.S. District Court for the District of Arizona in Phoenix, charged that male employees who worked at Fleming’s in Scottsdale, a fine dining steak house, were sexually abused by the head chef, Tod Rawson. The evidence gathered during the EEOC’s investigation revealed that, among other things, Rawson frequently pinched or squeezed his subordinates’ private parts, flicked their genitals with his bare hands, and groped them from behind. Rawson even used kitchen utensils from the restaurant to touch his victims’ genitals through their clothing, the EEOC said. Evidence uncovered during the lawsuit also revealed that several managers at Fleming’s knew what was happening well before formal charges were filed but did nothing to stop it. After several internal complaints, a formal EEOC charge was filed.
“The key lesson we want people to take from this case: employers must protect their employees from sexual harassment,” said EEOC Regional Attorney Mary Jo O’Neill. “This means doing a meaningful internal investigation designed to find the truth and not designed to merely cover tracks. Also, employers must immediately stop further sexual harassment from occurring. Here, not only did Fleming’s not fire the harasser, they let him continue the harassment for more than a year and a half before allowing him to resign. When employers prove incapable of addressing these toxic situations, the EEOC is ready to right these wrongs.”
Rayford Irvin, District Director of the EEOC’s Phoenix District Office, added, “We want the public to know that sexual harassment isn’t just about misconduct between men and women. It includes sexually abusive behavior between people of the same sex also. Regardless of your gender or anyone else’s, you don’t have to tolerate sexual harassment.”
The EEOC Phoenix District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Arizona, New Mexico, Colorado, Utah and Wyoming, with offices in Albuquerque and Denver.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
PHOENIX —Fleming’s Prime Steakhouse and Wine Bar, at DC Ranch in Scottsdale, Ariz., will pay nearly a quarter million dollars and furnish other relief to settle a same-sex sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s suit (CV-07683-PHX-SMM), which was brought in U.S. District Court for the District of Arizona in Phoenix, charged that male employees who worked at Fleming’s in Scottsdale, a fine dining steak house, were sexually abused by the head chef, Tod Rawson. The evidence gathered during the EEOC’s investigation revealed that, among other things, Rawson frequently pinched or squeezed his subordinates’ private parts, flicked their genitals with his bare hands, and groped them from behind. Rawson even used kitchen utensils from the restaurant to touch his victims’ genitals through their clothing, the EEOC said. Evidence uncovered during the lawsuit also revealed that several managers at Fleming’s knew what was happening well before formal charges were filed but did nothing to stop it. After several internal complaints, a formal EEOC charge was filed.
“The key lesson we want people to take from this case: employers must protect their employees from sexual harassment,” said EEOC Regional Attorney Mary Jo O’Neill. “This means doing a meaningful internal investigation designed to find the truth and not designed to merely cover tracks. Also, employers must immediately stop further sexual harassment from occurring. Here, not only did Fleming’s not fire the harasser, they let him continue the harassment for more than a year and a half before allowing him to resign. When employers prove incapable of addressing these toxic situations, the EEOC is ready to right these wrongs.”
Rayford Irvin, District Director of the EEOC’s Phoenix District Office, added, “We want the public to know that sexual harassment isn’t just about misconduct between men and women. It includes sexually abusive behavior between people of the same sex also. Regardless of your gender or anyone else’s, you don’t have to tolerate sexual harassment.”
The EEOC Phoenix District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Arizona, New Mexico, Colorado, Utah and Wyoming, with offices in Albuquerque and Denver.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Wednesday, October 20, 2010
Mcdonald's USA To Pay $50,000 To Settle EEOC Sex Harassment Suit
Teenaged Male Employee Hugged, Touched and Spanked by Supervisor, Federal Lawsuit Alleged
NEW YORK – McDonald’s will pay $50,000 to settle a sex discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged that McDonald’s USA, LLC unlawfully subjected an employee to sexual harassment at one of its Perth Amboy, N.J., restaurants.
According to the EEOC’s lawsuit (Civil Action No. 2:09-Civ-05028 (WJM)(MF)), filed September 29, 2009 in U.S. District Court for District of New Jersey, an assistant store manager made lewd comments to a teenaged crew member and touched, spanked and hugged him in a way that made him very uncomfortable. The crew member was only 16-17 years of age when these incidences took place.
The case was resolved pursuant to a consent decree signed by Judge William J. Martini on October 19. Besides paying the victim $50,000 in compensatory damages, McDonald’s will also take important steps to prevent future workplace harassment. The company will post and maintain EEOC remedial notices and posters; train all employees and managers at the restaurant on the federal laws that prohibit discrimination; maintain an anti-discrimination policy and complaint procedure; and cooperate with EEOC’s compliance monitoring.
EEOC Acting New York District Director Elizabeth Grossman said, “The EEOC takes very seriously allegations of sexual harassment involving teenagers because many of them are in the workplace for the first time and don’t know how to complain, especially when the harasser is their supervisor.” Adela Santos, the EEOC trial attorney assigned to the case, added, “We are very pleased that McDonald’s agreed to settle this case without protracted litigation and that it is taking steps to prevent future workplace discrimination.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
NEW YORK – McDonald’s will pay $50,000 to settle a sex discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged that McDonald’s USA, LLC unlawfully subjected an employee to sexual harassment at one of its Perth Amboy, N.J., restaurants.
According to the EEOC’s lawsuit (Civil Action No. 2:09-Civ-05028 (WJM)(MF)), filed September 29, 2009 in U.S. District Court for District of New Jersey, an assistant store manager made lewd comments to a teenaged crew member and touched, spanked and hugged him in a way that made him very uncomfortable. The crew member was only 16-17 years of age when these incidences took place.
The case was resolved pursuant to a consent decree signed by Judge William J. Martini on October 19. Besides paying the victim $50,000 in compensatory damages, McDonald’s will also take important steps to prevent future workplace harassment. The company will post and maintain EEOC remedial notices and posters; train all employees and managers at the restaurant on the federal laws that prohibit discrimination; maintain an anti-discrimination policy and complaint procedure; and cooperate with EEOC’s compliance monitoring.
EEOC Acting New York District Director Elizabeth Grossman said, “The EEOC takes very seriously allegations of sexual harassment involving teenagers because many of them are in the workplace for the first time and don’t know how to complain, especially when the harasser is their supervisor.” Adela Santos, the EEOC trial attorney assigned to the case, added, “We are very pleased that McDonald’s agreed to settle this case without protracted litigation and that it is taking steps to prevent future workplace discrimination.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Wednesday, October 6, 2010
Bardon, Inc. / Aggregate Industries to Pay $325,000 to Settle Sexual Harassment/Retaliation Suit
EEOC Said Female Technician Subjected to Sexual Comments and Requests, Lewd Acts and Groping, and Fired After Complaining to Management
BALTIMORE – Concrete company Bardon, Inc., trading as Aggregate Industries, Inc., will pay $325,000 and furnish significant remedial relief to settle a sexual harassment and retaliation discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. Aggregate, an internationally owned ready-mix concrete company with operations in the United States and United Kingdom, has corporate offices in Greenbelt, Md.
In its suit, (Civil Action No. 8:08-cv-1883-RWT) filed in U.S. District Court for the District of Maryland, the EEOC charged that Aggregate created and maintained a sexually hostile work environment for Ora L. Borrell -- the only female quality control technician employed at the company. The EEOC charged that the incidents of sexual harassment included repeated public urination in her presence, overt and explicit sexual comments and requests, touching and grabbing against her will and other sexually offensive conduct while on the job. Borrell’s managers were aware of the offensive conduct, having witnessed some incidents and through her complaints. Borrell was subsequently fired by the company’s human resources department in retaliation for opposing these discriminatory practices.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and retaliation for resisting such harassment and complaining about it. The EEOC filed suit after first attempting to reach a voluntary settlement.
In addition to the monetary relief to Borrell, which represents back wages and compensatory damages, the consent decree settling the suit provides significant remedial relief. Aggregate:
is enjoined from discriminating on the basis of sex and from retaliating against any employee who complains about discriminatory practices made unlawful under Title VII or because of filing a charge, giving testimony, assistance or participating in any investigation, proceeding or hearing under Title VII;
will post a notice to employees at all its facilities concerning its commitment to maintaining an environment free of sexual harassment and retaliation for a period of five years;
will provide mandatory training to all its employees, managers and supervisors regarding federal EEO laws prohibiting discrimination in employment with emphasis on sex discrimination, harassment and retaliation;
will provide training on its equal employment opportunity policies and its sexual harassment policy to all newly-hired employees during orientation; and
agreed to monitoring by the EEOC with regard to its compliance with the provisions in the decree settling the lawsuit for five years.
“Sexual harassment continues to be a persistent problem 45 years after the enactment of Title VII, which prohibits gender discrimination in employment,” said EEOC Regional Attorney Debra M. Lawrence. “Workers should not be subjected to this type of conduct or lose their livelihood when they complain about it.”
According to its web site, www.aggregate-us.com, Aggregate Industries is a member of the Holcim group of companies and is an international construction and building materials company in the UK and the U.S., with operations ranging from the northeast to the southwest, along with the U.S. corporate office and Shared Services Center in Rockville, Maryland.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its web site at (www.eeoc.gov).
BALTIMORE – Concrete company Bardon, Inc., trading as Aggregate Industries, Inc., will pay $325,000 and furnish significant remedial relief to settle a sexual harassment and retaliation discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. Aggregate, an internationally owned ready-mix concrete company with operations in the United States and United Kingdom, has corporate offices in Greenbelt, Md.
In its suit, (Civil Action No. 8:08-cv-1883-RWT) filed in U.S. District Court for the District of Maryland, the EEOC charged that Aggregate created and maintained a sexually hostile work environment for Ora L. Borrell -- the only female quality control technician employed at the company. The EEOC charged that the incidents of sexual harassment included repeated public urination in her presence, overt and explicit sexual comments and requests, touching and grabbing against her will and other sexually offensive conduct while on the job. Borrell’s managers were aware of the offensive conduct, having witnessed some incidents and through her complaints. Borrell was subsequently fired by the company’s human resources department in retaliation for opposing these discriminatory practices.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and retaliation for resisting such harassment and complaining about it. The EEOC filed suit after first attempting to reach a voluntary settlement.
In addition to the monetary relief to Borrell, which represents back wages and compensatory damages, the consent decree settling the suit provides significant remedial relief. Aggregate:
is enjoined from discriminating on the basis of sex and from retaliating against any employee who complains about discriminatory practices made unlawful under Title VII or because of filing a charge, giving testimony, assistance or participating in any investigation, proceeding or hearing under Title VII;
will post a notice to employees at all its facilities concerning its commitment to maintaining an environment free of sexual harassment and retaliation for a period of five years;
will provide mandatory training to all its employees, managers and supervisors regarding federal EEO laws prohibiting discrimination in employment with emphasis on sex discrimination, harassment and retaliation;
will provide training on its equal employment opportunity policies and its sexual harassment policy to all newly-hired employees during orientation; and
agreed to monitoring by the EEOC with regard to its compliance with the provisions in the decree settling the lawsuit for five years.
“Sexual harassment continues to be a persistent problem 45 years after the enactment of Title VII, which prohibits gender discrimination in employment,” said EEOC Regional Attorney Debra M. Lawrence. “Workers should not be subjected to this type of conduct or lose their livelihood when they complain about it.”
According to its web site, www.aggregate-us.com, Aggregate Industries is a member of the Holcim group of companies and is an international construction and building materials company in the UK and the U.S., with operations ranging from the northeast to the southwest, along with the U.S. corporate office and Shared Services Center in Rockville, Maryland.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its web site at (www.eeoc.gov).
Monday, October 4, 2010
Orlando Magazine Distributor to Pay $162,400 to Settle EEOC Sexual Harassment Lawsuit
Female Magazine Order Fillers Subjected to Sexually Hostile Working Environment at Prologix’s Orlando Facility, Federal Agency Charges
MIAMI – Prologix Distribution Services (East), LLC, an Orlando, Fla.-based magazine distributor, will pay $162,400 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
Prologix provides distribution services for publishers relating to merchandising, warehousing, and the delivery of magazines.
According to the EEOC’s complaint, several women who worked at Prologix’s Orlando, Fla., facility as magazine order fillers were subjected to harassment by a longtime supervisor. The harassment included the making of sexually explicit remarks and inappropriate touching and groping of the women.
In addition to monetary damages in the amount of $162,400, the three-year consent decree resolving the case (EEOC v. Prologix Distribution Services (East), LLC, Case No. 6:09-cv-01681-MSS-GJK), filed in U.S. District Court for the Middle District of Florida, Orlando Division, includes injunctive relief enjoining the company from engaging in further sexual harassment; requires the company to post a notice about the settlement; to conduct anti-discrimination training; and to report information about sex discrimination complaints it receives to the EEOC for monitoring.
“No one should be subjected to this type of harassing conduct in the modern workplace,” said EEOC Regional Attorney Robert Weisberg. “Employers must take appropriate steps to assure that this kind of abuse does not occur.”
Trial Attorney Kaleb Kasperson said, “Inappropriate touching and lewd comments are perfect examples of conduct which has no place at work. The law requires that the workplace be free from this type of blatant harassment and sexual innuendo.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
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MIAMI – Prologix Distribution Services (East), LLC, an Orlando, Fla.-based magazine distributor, will pay $162,400 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
Prologix provides distribution services for publishers relating to merchandising, warehousing, and the delivery of magazines.
According to the EEOC’s complaint, several women who worked at Prologix’s Orlando, Fla., facility as magazine order fillers were subjected to harassment by a longtime supervisor. The harassment included the making of sexually explicit remarks and inappropriate touching and groping of the women.
In addition to monetary damages in the amount of $162,400, the three-year consent decree resolving the case (EEOC v. Prologix Distribution Services (East), LLC, Case No. 6:09-cv-01681-MSS-GJK), filed in U.S. District Court for the Middle District of Florida, Orlando Division, includes injunctive relief enjoining the company from engaging in further sexual harassment; requires the company to post a notice about the settlement; to conduct anti-discrimination training; and to report information about sex discrimination complaints it receives to the EEOC for monitoring.
“No one should be subjected to this type of harassing conduct in the modern workplace,” said EEOC Regional Attorney Robert Weisberg. “Employers must take appropriate steps to assure that this kind of abuse does not occur.”
Trial Attorney Kaleb Kasperson said, “Inappropriate touching and lewd comments are perfect examples of conduct which has no place at work. The law requires that the workplace be free from this type of blatant harassment and sexual innuendo.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
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