EEOC settles retaliation suit

The U.S. Equal Employment Opportunity Commission announced a consent decree with Elm’s Incorporated, which does business as Town & Country Restaurant. This resolved an EEOC lawsuit alleging that Elm’s fired cashier Gemma Soriano and her supervisor Antonio Magtibay after she complained about egregious sexual harassment to the employer with his assistance.

The termination jeopardized not only their livelihood but also their ability to stay in Saipan, since both were nonresident workers from the Philippines. The consent decree provides a $12,500 in compensation to Soriano and Magtibay, and provides for training and policies to prevent future discrimination.

Regional Attorney William Tamayo of the EEOC’s San Francisco District Office states, “Retaliation against employees who oppose discrimination is strictly prohibited. The Commission pursue this case to ensure employees have confidence in their civil right to report and oppose sexual harassment in the workplace.”

Soriano stated, “We are very grateful to the EEOC for assisting us and for filing this lawsuit. I hope this outcome will encourage others to report and stop discrimination.” Magtibay added, “It’s been a long time, but it is worth the wait because, in the end, justice prevailed. I wish to thank the EEOC for sticking with us all the way.”

The consent decree was approved by US District Judge Alex R. Munson. Elm’s denied that it retaliated against the former employees but agreed to resolve the dispute by consent decree to avoid further expenditure of resources and litigation costs.

EEOC District Director Susan L. McDuffie commented on the terms of the consent decree: “Elm’s should be commended for committing to management training on discrimination and sexual harassment. Also, formalizing procedures for employees to report complaints is a smart preventative step–this settlement make good business sense for Elm’s and it’s employees.”

EEOC Honolulu Local Director Timothy Riera, whose office is responsible for investigating discrimination charges throughout the Pacific Basin, noted, “We hope this result sends the message that EEOC take charges of retaliation very seriously. When employees bring charges of harassment or discrimination to management, be careful not to compound a potential discriminatory situation with retaliatory actions. Instead, listen carefully and investigate claims in a timely manner.”

The EEOC enforces Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Age Discrimination in Employment Act or 1967 and the Equal Pay Act.