Small and midsize business owners need to be acutely aware of the significant consequences associated with workplace harassment and discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) recently filed two separate lawsuits against a restaurant and bar based in Nevada, for alleged violations of federal law related to sexual harassment, discrimination, and harassment against gay and lesbian workers.
The Severe Consequences of Workplace Harassment and Discrimination
In the first lawsuit, the EEOC claims that male managers, supervisors, co-workers, and customers of the restaurant subjected female workers to sexual harassment since 2015. Female employees were allegedly required to engage in sexual activities to maintain their employment, and those who refused faced termination. The harassment included sexual assaults, sexual solicitations, inappropriate touching of the buttocks and breasts, unwelcome physical contact, and frequent explicit sexual comments.
The second lawsuit alleges that the owners, managers, and supervisors of the restaurant discriminated against gay and lesbian workers and subjected them to harassment based on their sexual orientation. This discrimination included physical assault and offensive slurs. The EEOC’s lawsuits further contend that the working conditions were so intolerable for some employees that they felt compelled to resign.
The Violations
Such conduct is in clear violation of Title VII of the Civil Rights Act of 1964, which explicitly prohibits sexual harassment, harassment, and retaliation for opposing such behavior. The EEOC initiated the two lawsuits in U.S. District Court for the District of Nevada after attempting to reach pre-litigation settlements through its conciliation processes.
The EEOC’s legal action seeks compensatory and punitive damages for the complainants and class members, along with injunctive relief intended to prevent the restaurant from engaging in further discrimination, harassment, and retaliation.
Anna Park, regional attorney for the EEOC’s Los Angeles District, emphasized the Commission’s commitment to enforcing anti-discrimination laws, particularly for vulnerable low-wage workers in the restaurant industry. Workplace harassment and discrimination are unacceptable and must be addressed vigorously.
Michael Mendoza, director of the Las Vegas Local Office, emphasized that employers have an obligation to prevent and address harassment in the workplace. Allowing a work environment to fester with sexual and sexual orientation harassment is not only unacceptable but also legally and morally wrong.
Conclusion
These lawsuits highlight the importance of creating a workplace that is free from harassment, discrimination, and retaliation. Small and midsize business owners must ensure that their employees are treated with respect and dignity, regardless of their gender or sexual orientation. Complying with federal employment laws and fostering a safe and inclusive work environment is not just a legal obligation but also a fundamental step toward creating a positive and productive work environment for all employees.