How Can Employers Avoid Litigation with the EEOC?

The Equal Employment Opportunity Commission (EEOC) can bring litigation against employers on behalf of workers who file discrimination or harassment claims with the EEOC. Because the EEOC is selective about filing lawsuits it litigates only in a limited number of cases where the grievance is substantial and it deems a lawsuit is warranted. However, by working with an experienced employment lawyer, employers can receive effective legal guidance that often helps them settle and avoid litigation.

A recent case in point where the EEOC decided to litigate involved a restaurant in Fresno, California called Sal’s Mexican restaurant. In the lawsuit, the EEOC claimed allegations of sexual harassment and gender discrimination, asserting that a male supervisor sexually harassed a hostess in 2009. She was a teenager at the time and the supervisor’s harassment involved unwanted sexual advances, propositions, grabbing her body parts and attempting to kiss her. As a condition for employment the supervisor also made her give him hugs and back rubs. She complained to management repeatedly but management did not handle her complaints. The sexual harassment continued until her resignation from the hostess position in 2010.

Although the restaurant never admitted liability, the owner avoided litigation by entering into a two year conciliation agreement with the EEOC and former hostess. Actions taken in the conciliation included:

Hiring a third party employment consultant for assistance with drafting and implementing policies and procedures to address and prevent discrimination and sexual harassment in the workplace

Providing all employees with training about their rights and responsibilities regarding workplace discrimination and harassment

Monetary relief of $15,000
greeing to establish a record keeping system to track and monitor complaints

If you face discrimination or harassment allegations, consult with an experienced employment litigation attorney as soon as possible. For more than three decades, Stephan Hans & Associates has provided effective legal advice and representation to employers in the New York City area, including Manhattan, Brooklyn, the Bronx, Long Island and Westchester.

 

Author: Stephen D. Hans-Queens NY Employment and Labor Law Attorney

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