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Civil Justice Center


Dallas Sexual Harassment Lawsuit Filed By EEOC Attorneys


By Cletus Ernster

A sexual harassment lawsuit filed in Dallas, Texas by attorneys with the U. S. Equal Employment Opportunity Commission (EEOC) charges a lighting entertainment company with subjecting a female employee to a barrage of sexual remarks, touches, and lewd sexual exposure by a department manager and co-workers.  See, http://www.eeoc.gov/eeoc/newsroom/release/9-19-11b.cfm .  According to the EEOC, the company hired the female employee in May of 2007 as a temporary employee before she became a permanent warehouse lead in September, 2007.  In the lawsuit, EEOC attorneys contend that she was the only female in the company’s Dallas warehouse department, and that, prior to becoming a permanent employee, she began to experience unwelcome sexually vulgar comments, advances and touches by a warehouse manager, as well as male warehouse co-workers.  The EEOC alleges further that the female employee endured unwanted touches, requests for sexual relations, money being rubbed on her body, forced kisses, and derogatory names such as bitch and slut.  Moreover, the EEOC asserts that one employee even exposed himself to her on the job and that she reported the harassment to management but nothing was done to stop the harassing conduct or impose timely discipline on the harassers.  Ultimately, she resigned. 

The sexual harassment lawsuit was filed in federal court in Dallas pursuant to Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace and requires an employer to prevent and promptly correct sexual harassment.  The EEOC seeks compensatory and punitive damages, as well as injunctive relief.  In this regard, the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination, including sex discrimination and harassment.  Agency attorneys filed the lawsuit after the EEOC investigated the case, finding reasonable cause to believe that the alleged discrimination took place, and first attempting to reach a pre-litigation settlement. 

Whether employment-related sexual harassment occurs in Dallas or elsewhere, employees subjected to workplace sexual harassment may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential sex discrimination claim.

Link to Article: Dallas Sexual Harassment Lawsuit Filed By EEOC Attorneys

Posted in: Sex Discrimination, Sexual Harassment

 

 

Restaurant Discrimination Case Settled With EEOC


By Cletus Ernster

United States Equal Employment Opportunity Commission (EEOC) attorneys announced in a Press Release posting at http://www.eeoc.gov/eeoc/newsroom/release/6-15-11a.cfm that owners of drive-in restaurant in New Mexico have agreed to settle a sex discrimination and retaliation lawsuit filed by the EEOC.  According to the Press Release, the EEOC’s lawsuit charged that a manager and limited partner of the restaurant subjected a class of women, including teenagers, to sexual harassment, including sexual comments and innuendo, as well as unwanted touching.  The EEOC’s lawsuit also alleged that women who asked the then manager to stop harassing them or complained about their work environment were subjected to retaliation in the terms and conditions of their employment, primarily by reducing their hours.  The EEOC’s suit further alleged that employees were also forced to quit their jobs because of the sexual harassment, retaliation, and/or the employer’s failure to provide preventive or remedial relief.

Sex discrimination, including sexual harassment, and retaliation against persons who oppose it violate Title VII of the Civil Rights Act of 1964.  In this regard, the EEOC is a federal agency responsible for enforcing federal laws that prohibit employment discrimination, including workplace sexual harassment.  The EEOC filed suit in the U. S. District Court for the District of New Mexico after first attempting to reach a pre-litigation settlement through the EEOC conciliation process. 

As described in the EEOC Press Release, the case is the largest litigation settlement ever by the EEOC’s Albuquerque Area Office.  The EEOC anticipates that over 70 women are expected to receive relief through the decree.  An EEOC attorney quoted in the Press Release, stated, in part, as follows:  “Managers must constantly be reminded of their obligation to maintain workplaces where employees are not subjected to illegal harassment or retaliation, [and] [w]here managers fail to satisfy these obligations, it is the employer’s responsibility to correct the violations and prevent other violations from occurring …”  Additional information about the EEOC and the laws it enforces is available at www.eeoc.gov .   

Whether restaurant employment discrimination, including sexual harassment and retaliation for opposing sex discrimination, occurs in New Mexico, Texas or elswhere, restaurant employees subjected unlawful sexual harassment and hostile work conditions may contact the EEOC and an attorney to determine if a charge of sex discrimination is appropriate under the particular facts and circumstances of the potential case.

Link to Article: Restaurant Discrimination Case Settled With EEOC

Posted in: Retaliation, Sex Discrimination, Sexual Harassment

 

 

Restaurant Sex Harassment And Abuse Lawsuit


By Cletus Ernster

The U. S. Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws prohibiting employment discrimination.  In an EEOC Press Release dated July 5, 2011 posted at http://www.eeoc.gov/eeoc/newsroom/release/7-5-11b.cfm , the EEOC announced filing of a federal discrimination lawsuit that accuses a restaurant of violating federal law by permitting a regular customer to sexually harass female employees.  More specifically, the EEOC charges restaurant management with failing to protect its female servers from a repeat harassing customer.  According to the EEOC, the customer was a sheriff’s deputy who frequently commented on female server’s bodies and grabbed their breasts and buttocks.  In addition, the EEOC asserts that the sheriff’s deputy invited female servers to join him and his wife in a menage a trois.  The EEOC further contends that when the female servers complained, restaurant management failed to take immediate corrective action to end the offensive and intimidating harassment. 

Such alleged misconduct violates Title VII of the Civil Rights Act of 1964.  In this regard, EEOC attorneys filed suit after first attempting to reach a voluntary settlement.  An EEOC attorney quoted in the Press Release said, in part, as follows:  “The EEOC will actively prosecute employers that condone such conduct.”  More information about the EEOC is available at www.eeoc.gov

Whether repeated customer sexual harassment of restaurant employees occurs in Beaumont, Conroe, Houston or elsewhere, employees subjected to customer sexual harassment may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is appropriate under the particular facts and circumstances of the potential sex abuse claim.

Link to Article: Restaurant Sex Harassment And Abuse Lawsuit

Posted in: Sex Discrimination, Sexual Harassment

 

 

Sexual Harassment In Construction Industry


By Cletus Ernster

Employment related sex discrimination, including sexual harassment, and retaliation against persons who oppose unlawful employment practices violate Title VII of the Civil Rights Act of 1964, and the U. S. Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws prohibiting workplace discrimination.  As an EEOC attorney has said, “Women who work in traditionally male-dominated professions or workplaces can be particularly susceptible to sexual harassment.”  In this regard, the EEOC announced in a May 16, 2011 Press Release that a highway construction company agreed to settle a sexual harassment and retaliation lawsuit filed by EEOC attorneys for $150,000.  According to the Press Release at http://www.eeoc.gov/eeoc/newsroom/release/5-16-11a.cfm , the company allegedly subjected two women to egregious verbal sexual harassment by a supervisor and then fired one of the women after she repeatedly asked the supervisor to stop harassing her and complained to a job superintendent.

Whether sexual harassment in the construction industry occurs in Beaumont, Houston or elsewhere, employees subjected to offensive comments and conduct of a sexual nature or retaliation for opposing the offensive conduct may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is appropriate under the particular facts and circumstances of the potential sex discrimination claim.

Link to Article: Sexual Harassment In Construction Industry

Posted in: Retaliation, Sex Discrimination, Sexual Harassment

 

 

School Transportation Sexual Harassment Lawsuit


By Cletus Ernster

A school bus operator agreed to pay $150,000 and provide other relief to settle a sexual harassment and retaliation lawsuit filed by attorneys with the U. S. Equal Employment Opportunity Commission (EEOC), according to a February 3, 2011 Press Release provided by the EEOC.  As charged in the EEOC lawsuit, school bus drivers were touched and taunted by a supervisor, then forced out upon complaining.  More specifically, the EEOC sexual harassment lawsuit charged that a male supervisor sexually harassed at least four women, including bus drivers and a human resources assistant, by making constant sexually explicit remarks about their body parts and the sexual acts he wanted to perform on them.  The EEOC contended that the harassment turned physical when the supervisor exposed himself, grabbed the breasts of a bus driver and rubbed his private parts onto her, the EEOC charged.  Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in employment, including sexual harassment.  The EEOC filed the lawsuit in September 2009 after first attempting to reach a pre-litigation settlement through its conciliation process.

Link to Article: School Transportation Sexual Harassment Lawsuit

Posted in: Retaliation, Sex Discrimination, Sexual Harassment

 

 

Austin Texas Racial Harassment Lawsuit


By Cletus Ernster

In a posting at http://www.eeoc.gov/eeoc/newsroom/release/10-15-10a.cfm , the U. S. Equal Employment Opportunity Commission (”EEOC”) announced on October 15, 2010 that an Austin, Texas packaging company agreed to settle a racial harassment, sexual harassment and retaliation lawsuit filed by EEOC attorneys on behalf of company employees who alleged they had been subjected to a racially hostile work environment, sexual harassment and retaliation for reporting workplace discrimination.  According to the EEOC, the workplace harassment included black employees being routinely subjected to discriminatory intimidation, ridicule, insults and racially offensive comments and jokes.  In addition, the EEOC also charged that a female manager harassed male employees with unwelcome sexual comments and unsolicited physical contact of a sexual nature.  A senior trial attorney with the EEOC’s San Antonio office was quoted in the EEOC Press Release, saying, in part, that the law requires employers to take reasonable steps to prevent and correct racial and sexual harassment. 

Whether workplace racial or sexual harassment occurs in Austin, San Antonio or elsewhere, employees experiencing employment discrimination of a racial or sexual nature may contact the EEOC or an attorney to discuss making a formal charge of discrimination.  In this regard, the EEOC offers information to the public on its webite at www.eeoc.gov concerning employee rights and what an employee can do if they experience race, sex and retaliation discrimination on the job.

Link to Article: Austin Texas Racial Harassment Lawsuit

Posted in: Employment Discrimination, Hostile Work Environment, Racial Discrimination, Retaliation, Sexual Harassment

 

 

Sexual Harassment of Teen Worker Lawsuit


By Cletus Ernster

In a sexual harassment lawsuit brought by attorneys with the U. S. Equal Employment Opportunity Commission (”EEOC”), the federal agency charges that an 18-year-old restaurant server was forced to quit her job because of a boss’s sexual touching and advances.  According to the EEOC news release posted at http://www.eeoc.gov/eeoc/newsroom/release/5-20-10.cfm , Cactus Grill, Inc. violated federal law when it allegedly allowed a manager to sexually harass the server at its restaurant in Leawood, Kansas.  More specifically, EEOC attorneys charge in the sexual harassment lawsuit that an assistant manager at the restaurant asked the server for sex, touched her, and made unwelcome sexual advances toward her.  As further claimed by the EEOC, the harassment became so intolerable that the server was forced to quit her job, amounting to an unlawful constructive discharge. 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment.  In this regard, Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on gender, including sexual harassment.  Further information about the EEOC and the laws it enforces is available at www.eeoc.gov .

Link to Article: Sexual Harassment of Teen Worker Lawsuit

Posted in: Sex Discrimination, Sexual Harassment

 

 

Dallas Sexual Harassment Lawsuit


By Cletus Ernster

Attorneys with the United States Equal Employment Opportunity Commission announced in an April 8, 2010 EEOC news release that a Sonic Drive-In in Grapevine, Texas has agreed to settle a sexual harassment lawsuit for $31,000.00. See, http://www.eeoc.gov/eeoc/newsroom/release/4-8-10b.cfm .  According to the press release, EEOC attorneys charged in the sexual harassment lawsuit that SDI of Grapevine [2240 Hall Johnson Road], a Texas Partnership, subjected a seventeen-year-old carhop to a sexually hostile work environment created by the general manager of the restaurant.  As the EEOC further stated, the general manager allegedly subjected the employee, an academic high school standout, to unwanted sexual conduct, including, for example, puckering his lips as if to give her a kiss, telling her how a woman should perform oral sex on a man, and pushing her head down in order to attempt to simulate oral sex when she would bend down to put on her roller skates.  The EEOC further contended that after the employee’s mother reported the conduct to company officials, the company failed to conduct a proper investigation and did not appropriately discipline the manager, even though the company found that he had engaged in “harassing behavior.”

Sexual harassment violates Title VII of the Civil Rights Act of 1964, and, in this regard, the EEOC is a federal agency which enforces federal law prohibiting employment discrimination, including sexual harassment and sex discrimination which creates a sexually hostile work environment.  EEOC attorneys filed the lawsuit in the Northern District of Texas.  An attorney with the EEOC’s Dallas District Office commented in part that “Young workers are often vulnerable … because … they are taught or accustomed to respect and obey persons in position of authority.” 

During Fiscal Year 2009, the EEOC and state and local fair employment practice agencies (FEPAs) received a combined total of 12,696 sexual harassment charge filings nationwide.  Further information about the EEOC and the laws it enforces is available at www.eeoc.gov

Whether workplace sexual harassment occurs in Dallas, Fort Worth, Grapevine or elsewhere, victims may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential hostile work environment case.

Link to Article: Dallas Sexual Harassment Lawsuit

Posted in: Hostile Work Environment, Sex Discrimination, Sexual Harassment

 

 

Lawyers Settle Texas Sexual Harassment Lawsuit


By Cletus Ernster

Trial lawyers with the Dallas Office of the U. S. Equal Employment Opportunity Commission (”EEOC”) announced in a January 11, 2010 Press Release that a Crowell, Texas based cap manufacturing facility has agreed to settle a sexual harassment and constructive discharge lawsuit filed by the federal agency in the Wichita Falls Division for the Northern District of Texas.  According to the EEOC Press Release found at http://www.eeoc.gov/eeoc/newsroom/release/1-11-10.cfm , lawyers charged in the case that the company subjected an embroidery machine operator to a sexually hostile work environment created by the company’s president and co-owner.  As stated in the Press Release, the alleged male harasser would tug on the employee’s pants and made multiple threats to her to pull down her pants.  In this regard, EEOC lawyers contended that he made good on the threats when he pulled her pants down in front of her co-workers, humiliating and embarrassing her.  The continuing harassment, culminating in this invasive behavior, forced her to resign, according to the EEOC.  A trial lawyer with the EEOC’s Dallas Office commented, in part, as follows: “To have such a high level official subject a subordinate employee to such mistreatment has the potential to establish acceptance of such behavior in the workplace.”  Another EEOC lawyer added as follows: “This settlement should serve as a notice to employers that the EEOC does not consider the threat or the act of pulling a woman’s pants down in the workplace to be a sophmoric prank.”

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment that violates Title VII of the Civil Rights Act of 1964.  During Fiscal Year 2007, the EEOC and state and local fair employment practice agencies received a combined total of 12,510 sexual harassment charge filings nationwide.  EEOC lawyers filed the sexual harassment lawsuit in Texas after the EEOC first attempted to reach a pre-litigation settlement.  Further information about the EEOC is available at www.eeoc.gov .

Whether job related sexual harassment and discrimination occurs in Dallas, Houston, Wichita Falls or elsewhere, victims of a sexually hostile work environment may contact the EEOC and a lawyer to determine whether an employment discrimination lawsuit is ultimately appropriate in Texas under the particular circumstances and facts of the potential workplace harassment claim.

Link to Article: Lawyers Settle Texas Sexual Harassment Lawsuit

Posted in: Sex Discrimination, Sexual Harassment

 

 

Sexual Harassment Case Jury Award


By Cletus Ernster

The United States Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including employment related sexual harassment.  In a November Press Release at http://www.eeoc.gov/eeoc/newsroom/release/11-23-09.cfm , agency attorneys announced that a federal jury in Milwaukee returned a $105,000 verdict following a four-day sexual harassment trial in a sexual harassment case brought by the EEOC.  According to the EEOC Press Release, the jury’s verdict awarded an aggregate of $5,000 to two teeenagers who worked at a Racine, Wisconsin restaurant where they were allegedly subjected to sexual propositions, groping and hair-pulling by an assistant manager.  As stated in the Press Release, the jury also found that the restaurant acted recklessly with respect to one of the workers and awarded her $100,000 in punitive damages.  The EEOC said that punitive damages may be awarded by juries to punish such conduct and to discourage it in the future.  Further information about the EEOC is available at www.eeoc.gov .

Link to Article: Sexual Harassment Case Jury Award

Posted in: Sex Discrimination, Sexual Harassment

 

 

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