Del Taco, LLC Settles EEOC Sexual Harassment Lawsuit

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

Teenagers Were Harassed and Then Retaliated Against, Federal Agency Charged
 

LOS ANGELES – Del Taco, LLC., a fast-food chain, will pay $1,250,000 and provide other relief to settle a lawsuit which the U.S. Equal Employment Opportunity Commission (EEOC) filed against it alleging sexual harassment and retaliation against female employees, the agency announced today.

According to the EEOC’s suit, Del Taco’s general manager and shift leader at its Rancho Cucamonga-area stores sexually harassed young female workers almost daily by subjecting them to unwelcome physical contact, vulgar comments, and propositions for sex. The agency charged that the behavior was so prevalent that other male employees felt free to engage in sexual harassment as well. When the female workers complained to Del Taco’s human resources, Del Taco failed to respond adequately to their complaints or stop the harassment or retaliation. Because of this hostile work environment, some workers felt they had no choice but to quit.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrim­ination, including sexual harassment, and retaliation. The EEOC filed suit in U.S. District Court for Central District of California (EEOC v. Del Taco, LLC, Case No. 5:18-cv-1978 CAS (SPX)), after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

In addition to monetary relief, the three-year consent decree includes company-wide injunctive relief aimed at preventing workplace harassment and retaliation. Del Taco must retain an EEO monitor, review and revise its policies and procedures on discrimination, harassment, and retaliation, and create a structure for employees to report discrimination and harassment. Del Taco also must provide training to all employees on anti-discrimination laws, with an emphasis on sexual harassment. The decree will remain under the court’s jurisdiction for the three-year term.

“Employers are encouraged to have strong systems in place to respond swiftly and effectively to harassment complaints—particularly where the workforce consists of young workers,” said Anna Park, regional attorney of the EEOC’s Los Angeles District, which has jurisdiction over San Bernardino County.

Rosa Viramontes, district director of the Los Angeles district office, said, “Young employees may be especially vulnerable to workplace harassment. It is important for employers to recognize this and create policies and practices that ensure a safe and harassment-free work environment.”

Preventing workplace harassment through systemic litigation and investigation is one of the six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP).

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov.

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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