Morgan Hill Restaurant Settles EEOC Retaliation Suit

The Good Fork Pays Dishwasher $20,000; Implements  Policy and Training in Spanish

SAN JOSE  - The  Good Fork (formerly doing business as Fuzia), a Morgan Hill restaurant,  agreed to pay $20,000 to a former dishwasher and to implement preventative measures to settle a federal  retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged that weeks after the employee reported to the owner (and  police) an incident that she perceived as sexual harassment, she was abruptly  informed that the restaurant no longer had work for her.

Terminating an employee for opposing discrimination, such as sexual  harassment, violates the anti-retaliation provision of Title VII of the Civil Rights  Act of 1964.  After an investigation by  EEOC Investi­gator Rosa Salazar and first attempting to reach a pre-litigation  settlement through conciliation efforts, the EEOC filed the suit (12-CV-04386  PSG) in U.S. District Court for the District of Northern District of  California.

According to the  consent decree settling the suit, in addition to the monetary relief of $20,000  to the former employee, The Good Fork agreed to create, implement and train its  managers and staff on anti-discrimination policies and reporting  procedures. In addition, these policies, procedures and training will be made available in English as well Spanish to accommodate monolingual Spanish-speaking staff. The company also agreed to provide the EEOC with a summary of all reports of discrimination, harassment or retaliation for an 18-month period.

"It is in everyone's best interest when  workers are secure in knowing that they will not be retaliated against for  speaking up against unlawful employment practices," said EEOC San Francisco  Regional Attorney William Tamayo.  "We  hope The Good Fork's new policies and procedures achieve that goal."

"Instituting formal policy and procedures and making them available in Spanish will ensure that all workers can freely exercise their rights," said EEOC San Francisco District Director Michael Baldonado. He noted  that the EEOC's Strategic Enforcement Plan clearly prioritizes the goals of protecting  vulnerable workers and preserving access to the legal system.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© U.S. Equal Employment Opportunity Commission (EEOC) | Attorney Advertising

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