FOR IMMEDIATE RELEASE
Sept. 5, 2024
EEOC Sues Three Employers for Workplace Harassment
Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester
WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory mistreatment in the workplace created illegal hostile work environments in violation of Title VII of the Civil Rights Act of 1964.
“Employers have a duty under federal civil rights law to make sure all of their employees are treated with dignity by managers and coworkers alike, and that if anyone is made to feel unsafe at work because of their national origin, race, sex, or other protected characteristic, the situation is taken seriously and investigated thoroughly,” said EEOC General Counsel Karla Gilbride. “As the EEOC’s recent harassment guidance explains, hostile environments based on any trait covered by federal anti-discrimination law are illegal, and the EEOC will remain steadfast in enforcing those protections.”
Today the EEOC filed:
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EEOC v. United Airlines, Inc., Case No. 1:24-cv-2438 in the U.S. District Court for the District of Colorado. The agency filed suit against the airline after a manager harassed an employee who was born in Mongolia by calling him a “chink,” grabbing his arm to inspect his identification badge, and asking if he liked working for United before slapping him on the back and walking away. The harassment took place during the height of the COVID-19 pandemic when Asian Americans were experiencing increased public hostility and violence. United failed to investigate for months, which led to the worker’s resignation.
“The EEOC is committed to enforcing our nation’s laws preventing race and national origin harassment in the workplace,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District, which includes Colorado. “Employers need to remain vigilant in preventing their own managers from engaging in harassment in the workplace. And employers must act promptly in investigating harassment allegations and must immediately take steps to stop the harassment and take appropriate disciplinary and remedial actions, especially where the harassing incident involves both a racial slur and physical assault.”
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EEOC v. Epiq Food Hall Woodbridge, LLC, et al, Case No.: 1:24-cv-1518 in the U.S. District Court for the Eastern District of Virginia. The agency filed suit against the restaurant and its successor company after the owner subjected a Black general manager to numerous derogatory racial comments, telling him that he “look[ed] like [he] spoke thug language” and referring to him as the n-word; made frequent disparaging remarks about Black customers and employees—calling them “not smart,” “ignorant,” “ghetto,” and “riff-raff;” and canceled live music and karaoke events that attracted predominately Black patrons. Because of the persistent racism and lack of a complaint procedure or a human resources department, the general manager was forced to resign.
“Federal law ensures that no one has to endure racial slurs from their boss in order to make a living and holds employers automatically liable for the harassing conduct of their owners,” said Debra M. Lawrence, regional attorney for the EEOC’s Philadelphia District. “The EEOC is committed to addressing all forms of unlawful harassment in the restaurant industry, where it continues to occur all too frequently.”
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EEOC v. Rivers Edge Enterprises, LLC d/b/a River’s Edge Bar and Grill, Case No.: 8:24-cv-2090 in the U.S. District Court for the Middle District of Florida, Tampa Division. The agency filed suit against the restaurant after one of its owners subjected female employees to a sexually hostile work environment. One of the restaurant’s owners, who owns the bar with two of his brothers, openly and on a daily basis, made sexually charged comments, propositioned his female employees to have sex with him, and touched and groped female employees without their consent. The other two owners witnessed the conduct but failed to take action. When a female employee complained about the harassment, she was terminated.
“Sexual harassment continues to be a pervasive issue in the restaurant industry,” said Kristen M. Foslid, regional attorney for the EEOC’s Miami District. “Employers who utilize their positions of power to prey on vulnerable restaurant workers will be held accountable under the law.”
These companies’ alleged conduct violated Title VII of the Civil Rights Act, which prohibits discrimination, including unlawful harassment, based on race, color, religion, sex, and national origin, sex—and retaliation against employees who complain about unlawful conduct. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its administrative conciliation process in each of the three cases.
Last fiscal year, the number of charges the EEOC received involving harassment jumped more than 28% to 31,354, the highest since the agency started monitoring harassment charge numbers in fiscal year 2010. Charges involving retaliation reached more than 46,000, a 31-year high. The EEOC recently issued updated Enforcement Guidance on Harassment in the Workplace with more than 70 concrete examples to help employees and employers identify workplace issues and take action.
For more information on harassment, please visit https://www.eeoc.gov/harassment. For more information on national origin discrimination, please visit https://www.eeoc.gov/national-origin-discrimination. For more information on race and color discrimination, please visit https://www.eeoc.gov/racecolor-discrimination. For more information on retaliation, please visit https://www.eeoc.gov/retaliation. For more information on sexual harassment, please visit https://www.eeoc.gov/sexual-harassment.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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