Petrelis Files

EEOC's $90K Fine in Same-Sex Harassment Case

The Equal Employment Opportunity Commission has reached an agreement in case involving same-sex sexual harassment in which a McDonald's franchise will pay $90,000 to the victims. From the EEOC's release last week announcing the settlement:

The EEOC's lawsuit, EEOC v. Pand Enterprises, Inc., d/b/a McDonald's Restaurant (Civil Action No. CIV- 05-204 in U.S. District Court for the District of New Mexico), alleged that the supervisor's abuse of the young workers included unwanted touching, requests for sex and sexual remarks. The agency further charged that one young male employee's work hours were cut in retaliation for opposing the sexual harassment. The young men, some who were only 15 years old at the time, worked as part-time crew members at the McDonald's franchise at 925 San Pedro N.E. in Albuquerque.

"We commend Pand Enterprises for working cooperatively with us to reach this agreement," said EEOC Phoenix Regional Attorney Mary Jo O'Neill. "The consent decree includes important provisions to ensure that discrimination does not occur again at this workplace."

As part of the settlement, in addition to the monetary relief, Pand Enterprises entered into a consent decree which was submitted to and approved by the federal district court. The decree requires training and other relief to prevent future discrimination. Sexual harassment and retaliation violate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation.

O'Neill, the EEOC attorney, had more to say about the case to the Albuquerque Tribune:

The lawsuit alleges that supervisor Carlos Lara asked the boys for sexual favors; requested that they expose themselves; touched them sexually; or made sexual comments to them, sometimes in exchange for $20 and often at the threat of losing shift hours.

"We don't go into all the really gory details, but the allegations are horrendous," EEOC regional attorney Mary Jo O'Neill said in a phone interview today from her office in Phoenix. "What happened to these young men was an absolute tragedy. Think about your first job and think about having this happen to you."

Yes, sexual harassment is horrendous and no worker should have to suffer such abuse in employment practices, but I am troubled by O'Neill's claim that the details of the harassment were "gory." We're not talking bloodshed or violence, are we? Sure do hope O'Neill doesn't view same-sex sexual harassment as equal to a bloody crime.