Nu-Way Weiners Sued By EEOC For Same-Sex Sexual Harassment And Retaliation

U.S. Equal Employment Opportunity Commission
Restaurant's Female General Manager Harassed Female Employees Then Fired Them for Rejecting Her Advances, Federal Agency Charges
PRESS RELEASE
9-26-11

ATLANTA – Nu-Way Weiners, one of the oldest hot dog restaurants in the country, violated federal law by subjecting two female employees to a pattern of sexual harassment and then firing them for reporting it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit recently filed.
According to the EEOC’s suit, Civil Action No., 5:11-CV-384 (MTT), filed in U.S. District Court for the Middle District of Georgia, Macon Division, two female employees at the Macon, Ga. restaurant, were subjected to repeated acts of sexual harassment by the restaurant's female general manager. The harassment included a daily barrage of lewd sexual comments, gestures, and inappropriate physical touching. The general manager groped the women's breasts and buttocks and frequently asked them to accompany her at a gay club. Both women said that the harassment began shortly after they started working at the restaurant, one in the summer of 2009, the other in January 2010. Although the general manager made it known that anyone who complained would be fired, both women openly opposed her inappropriate behavior and asked her to stop. Both women were fired in the spring of 2010 by the harasser after they had repeatedly rejected her sexual advances.
Sexual harassment and retaliation for reporting it violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit after first attempting to reach a voluntary settlement with the employer. The federal agency seeks back pay, compensatory and punitive damages for the women, as well as injunctive relief designed to prevent such harassment and retaliation by the restaurant in the future.
“No employee should have to endure the kind of conduct that took place here,” said Bernice Williams Kimbrough, district director for the EEOC’s Atlanta District Office. “Employers have an obligation to stop and prevent harassment once it is brought to their attention.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/9-26-11.cfm

Fleming’s Pays $248,750 To Three Men In EEOC Same-Sex Sexual Harassment Lawsuit

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
12-7-10

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.

http://www.eeoc.gov/eeoc/newsroom/release/12-7-2010a.cfm

Virginia Beach Plastering Company Sued by EEOC for Same-Sex and National Origin Harassment

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
7-29-10
Federal Agency Charges Salvadoran Was Victimized by Supervisor

NORFOLK, Va. – A plastering and drywall company doing work at Norfolk Naval Base and MacArthur Center mall violated federal law when it subjected an employee of Salvadoran origin to a hostile work environment based on both his sex and national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
The EEOC’s suit (Equal Employment Opportunity Commission v. Tidewater Plastering and Drywall Company, Inc., Civil Action No. 2:10-cv-00369), filed in U.S. District Court for the Eastern District of Virginia, charged that Virginia Beach-based Tidewater Plastering and Drywall Company, Inc. created and maintained a hostile working environment for Jorge Calderon based on both his male gender and Salvadoran national origin. According to the complaint, from around September 2008 until February 2009, a male foreman for Tidewater Plastering subjected Calderon to unwelcome sexual conduct. The conduct included calling Calderon “sexy,” blowing him kisses and caressing his hands and back. The complaint also alleged that on one occasion the foreman also told Calderon that Calderon would have to sleep with the foreman in order to work at Tidewater Plastering’s next job site.
The same foreman also made derogatory comments to Calderon based on his national origin, including calling him a “stupid Salvadoran.” According to the complaint, when Calderon sought the help of his employer to end the harassment, the president of the company told him that nothing could be done. Consequently, Calderon quit his job.
The EEOC seeks back pay, compensatory damages and punitive damages for Calderon, as well as an injunction enjoining Tidewater Plastering from engaging in similar discrimination again and requiring it to take other measures to ensure a workplace free of discrimination for future employees. The agency filed suit after first attempting to settle the matter informally.
“Offering employees avenues for reporting harassment and then responding appropriately to employee complaints are critical in maintaining a workplace free from unlawful harassment,” said Lynette A. Barnes, regional attorney for EEOC’s Charlotte District Office which also has jurisdiction over Virginia. “This is true across all industries. Employees in the construction industry have just as much right as persons in any other occupation to a workplace free from unlawful harassment.”
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/7-29-10a.cfm

WYNDHAM HOTEL CHAIN TO PAY $370,000 FOR SAME-SEX TEEN HARASSMENT

EEOC Settles Suit for Young Men Who Were Sexually Abused

SEATTLE - Hotel giant WorldMark by Wyndham will pay $370,000 and furnish significant remedial relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that the company failed to stop the manager of its Birch Bay Resort in Blaine, Wash., from sexually harassing young male employees.
According to the EEOC’s investigation, the resort manager, male and in his 40s, repeatedly subjected young male employees between the ages of 17 and 25 to unwelcome touching of a sexual nature, comments about their physical appearance, and sexually charged situations.
One of the former employees said, “I was humiliated by what was happening to me at work -- everyone knew and many people just laughed about it. It was really hard to talk about what happened to me, reporting it to the EEOC, but it was worth it. At least now I know it’s not going to happen again to another teenager.”
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed the suit (EEOC v. Wyndham Worldwide Corporation d/b/a WorldMark by Wyndham, formerly Trendwest Resorts, Inc., No. C07-1531 RSM; Western District of Washington at Seattle) after first attempting to reach a voluntary settlement.
Under a consent decree filed with the federal court, WorldMark by Wyndham agreed to pay a total of $370,000 to four former employees. The company also agreed to provide anti-discrimination training for managers, supervisors and employees at Birch Bay Resort and to establish policies and procedures to address sexual harassment issues. Wyndham will also report any future discrimination complaints to the EEOC and allow agency to monitor the work site for the next three years.
“The facts in this case are shocking,” said EEOC Regional Attorney Bill Tamayo. “The manager abused his power and exploited the vulnerabilities of a young male staff. Putting teens at risk in this way can devastate their lives and destroy the company’s own credibility. We trust this case sends a message that the EEOC will not tolerate this type of abuse."
EEOC San Francisco District Director Mike Baldonado noted, “The treatment that these young men experienced was inexcusable. I am glad the EEOC was able to ensure that the company has protections in place so this will not happen in the future.”
In September 2004, EEOC Chair Naomi C. Earp (then vice chair) launched the federal agency’s national Youth@Work Initiative -- a comprehensive outreach and education campaign designed to inform teens about their employment rights and responsibilities and to help employers create positive first work experiences for young adults. The EEOC has held more than 3,700 Youth@Work events nationwide since the program was launched, reaching more than 229,000 students, education professionals, and employers. Further information about the Youth@Work campaign, including how to schedule a free Youth@Work outreach presentation, is available on the agency’s web site at http://www.eeoc.gov/initiatives/youth/index.html. Specific EEOC-related information for teens is available on the Youth@Work web site at http://www.youth.eeoc.gov.
WorldMark by Wyndham (formerly Trendwest) employs several thousand individuals and is a wholly owned subsidiary of Parsippany, N.J.-based Wyndham Worldwide Corporation (NYSE:WYN), the world’s largest hotel franchisor, vacation ownership company and vacation exchange network, which includes chains like Wyndham Hotels and Resorts, Ramada Inn, Howard Johnson, and others.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.