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EEOC Settles Lawsuit With San Gabriel Hilton

  • By David Barron

LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC)  last week announced the settlement of two lawsuits against Landwin  Management, Inc., which operates the San Gabriel Hilton Hotel, for $500,000  and significant remedial relief in cases alleging national origin discrimination   and sexual harassment.

Both suits were filed in September 2007 under Title  VII of the Civil Rights Act of 1964.
In the first lawsuit (Case No. CV 07-06169 SJO), the EEOC charged that non- Chinese banquet servers were rejected for hire based on their national origin  when the San Gabriel Hilton severed its contract and hired Landwin  Management to operate the establishment in April 2005.

 

The EEOC said that  all the non-Chinese banquet servers who previously worked for the hotel at  the time, many of whom were Latino, were not hired back during the turnover  and instead replaced with less qualified Chinese workers.

In the second suit (Case No. CV 07-05916 PA), the EEOC alleged that the  San Gabriel Hilton subjected female employees to a sexually hostile work  environment, including verbal sexual harass¬ment by the housekeeping  department supervisor, who referred to the women as “whores”  and “prostitutes” in addition to other offensive language.

The supervisor also  allegedly reprimanded the female employees if they even spoke to men, and  Landwin failed to respond to the employees’ complaints of harassment.

In addition to the $500,000 in monetary relief, a three-year consent decree  settling the two lawsuits will also ensure that (1) Landwin will implement  hiring and recruiting goals for Hispanic employees; (2) Landwin will revise its  written policies on discrimination, sexual harassment and recruitment and  hiring; (3) employees will receive annual training regarding discrimination,  including national origin discrimination and sexual harassment; (4) Landwin will retain an EEO monitor / consultant named by the Commission to assist with  recruiting, hiring, training, revision of policies and record-keeping  procedures;  and (5) the company will provide annual reports to the EEOC regarding its  employment practices.

“The days when employers make decisions based on stereotypes  and assumptions shaped by the race or national origin of their employees  should be far behind us,” said Anna Y. Park, the regional attorney for the  EEOC’s Los Angeles District Office.

“Further, sexual harassment should no  longer be tolerated in any workplace, and employers should never condone or  overlook the mistreatment of vulnerable victims, such as monolingual Spanish- speaking women.”

EEOC Los Angeles District Director Olophius Perry  added, “Employers must take appropriate corrective action when they receive  harassment complaints.  We hope that other employers take the lead of the  San Gabriel Hilton and take proactive action to ensure EEO compliance.

Businesses should take advantage of EEOC trainings that are available to  encourage compliance and proactive prevention.”

The EEOC Training Institute provides a wide variety of training to  assist employers in educating their managers and employees on the laws  enforced by EEOC and how to prevent and correct discrimination in the  workplace.

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. 
(Souce: EEOC Press Release)

2013 SGVJournal. Developed and Designed by Charlene on Green

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