Settlement Resolves Federal Lawsuit Alleging Owner Discriminated Against Female and Lesbian Employees

ALBUQUERQUE, NM – Sandia Transportation, L.L.C. has agreed to pay $97,500 to settle an employment discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The lawsuit alleged that Sandia Transportation subjected four female employees to disparaging and discriminatory comments, creating a hostile work environment for them because of their sex, sexual orientation, or because they did not conform to gender stereotypes for women. One of the female employees was harassed because she associated with lesbian employees. The owner referred to the women as “f*ckin’ lesbians” and “fat ugly bitches.” He repeatedly said that “women like [them] would be killed in [his] country” and that he hated “f*ckin’ dealing with women.” The harassment led to their collective terminations on the same day. On that day, the owner announced to the entire office that all the lesbians were fired. Not only does EEOC allege the terminations were discriminatory, but Sandia Transportation’s termination of the employees was also retaliatory because the employees’ objected to the owner’s harassment because of their sex and sexual orientation. Finally, EEOC alleged that Sandia Transportation failed to maintain records in accordance with EEOC’s recordkeeping and reporting requirements.

Sandia Transportation’s conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, sexual orientation, or gender identity. The EEOC filed the suit in EEOC v. Sandia Transportation, LLC, Civil Action No. 1:23-cv-00274-MV-GJF, in U.S. District Court for the District of New Mexico after first attempting to resolve the case informally through its conciliation process. The parties successfully resolved the case through a consent decree in litigation.

Under the terms of the consent decree, four former female employees will be paid a total of $97,500 in compensatory damages. The decree also requires Sandia Transportation to refrain from engaging in discrimination based on sex or sexual orientation and retaliation. Sandia Transportation will revise its policies and practices to ensure that it does not discriminate against employees on these bases. Sandia Transportation will also be required to provide annual training to all employees at its facility and report to the EEOC on any complaints of discrimination during the term of the decree.

“We are pleased that the EEOC and Sandia Transportation have reached a resolution the includes monetary relief for the women affected by Sandia’s conduct and that Sandia Transportation will change its policies and procedures,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office, which has jurisdiction over Arizona, Colorado, Wyoming, New Mexico, and Utah. “The EEOC remains committed to rooting out discriminatory conduct in the workplace and to protecting the rights of women and LGBTQ+ workers.”

EEOC Assistant Regional Attorney Christina Vigil Frazier added, “Discrimination and hostility towards female and LGBTQ+ workers continues to be a complaint EEOC sees frequently. Employers like Sandia Transportation need to be cognizant of their workplace conduct and the negative and harmful impact it has upon these workers.”

Albuquerque Area Director April Klug added, “Employees have the right to work in an environment free from harassment and discrimination. This resolution is a victory for that right.”

For more information on sex and sexual orientation discrimination, please visit https://www.eeoc.gov/sex-based-discrimination or https://www.eeoc.gov/sexual-orientation-and-gender-identity-sogi-discrimination.

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