A hotel will pay $87,000 to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) alleging color, race, and national origin harassment.
The EEOC accused the former owner of subjecting Hispanic employees to discrimination and a hostile work environment, including racial slurs and disparate treatment at the hotel in New Mexico.
The hotel enforced a discriminatory policy against speaking Spanish and required employees with ethnic-sounding names to use anglicized versions.
Employees Fired in Retaliation for Complaints
The EEOC claimed that shortly after the owner took over the hotel, several employees were fired or forced to quit in retaliation for complaining about the discrimination or refusing to anglicize their names or speak in Spanish to Spanish-speaking customers. Such conduct violates Title VII of the Civil Rights Act of 1964.
After litigation and an appeal to the Tenth Circuit, the EEOC reached a settlement with the previous owner and one of the successors. The settlement agreements require the hotel to pay $65,000 and the owner to pay $22,000 in compensatory damages to the aggrieved individuals.
Offensive Slurs Are a Hostile Working Environment
Former owner used offensive slurs and derogatory language towards Hispanic employees. Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office, stated that such comments create a hostile work environment and are never appropriate in the workplace.
Attempts to anglicize the work environment by forbidding Hispanic workers from using their given names or speaking Spanish with Spanish-speaking customers created a hostile atmosphere, according to Christina Vigil Frazier, EEOC Assistant Regional Attorney. The EEOC’s Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming, and part of New Mexico.
April Klug, director for the EEOC’s Albuquerque Office, emphasized that employees should be able to oppose discriminatory practices without fear of retaliation, as retaliation charges make up a significant portion of the EEOC’s cases. Retaliation is a violation of civil rights law, just like discrimination of national origin.
Conclusion
Business owners must be aware of the potential penalties for breaking employment laws. This recent settlement of the EEOC lawsuit serves as a reminder of the serious consequences that can arise from discriminatory practices and hostile work environments.
By ensuring fair treatment, promoting inclusivity, and prohibiting any form of harassment or retaliation, small business owners can protect their employees’ rights and foster a positive work culture.
It is crucial to stay informed about employment laws and proactively address any issues to avoid legal disputes and reputational damage. Prioritizing compliance with employment regulations is not only ethically important but also vital for the long-term success and sustainability of your business.