Restaurant to Pay $220,000 to Settle Sexual and Age Based Harassment Claims

 
Monday, October 1, 2018
 
Phoenix restaurant Francisco Fine Foods LLC, doing business as Mariscos Altata, agreed to pay $220,000 and furnish other relief to settle an employment discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced. The EEOC charged the restaurant with severe sexual harassment, age discrimination, and retaliation against a group of women.

According to the EEOC's lawsuit, female employees of Mariscos Altata were subjected to sexual harassment including unwanted touching, grabbing, fondling, sexual comments, requests for sex, and other unlawful conduct since at least February 2011. The lawsuit additionally charged that Mariscos Altata subjected an employee to harassment based on her age, including comments that she was a "worthless old lady" and coworkers ridiculing her by taking bets on her age. Mariscos Altata also retaliated against women who refused to comply with sexual demands, the EEOC said.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination and retaliation, as well as the Age Discrimination in Employment Act, which prohibits discrimination against employees over the age of 40. The EEOC filed suit, EEOC v. Francisco's Fine Foods, LLC d/b/a Mariscos Altata, Civil Action No. 2:17-cv-00945- JJT in U.S. District Court for the District of Arizona after first attempting to reach a settlement through its pre-litigation conciliation process. The lawsuit sought back pay and compensatory and punitive damages as well as appropriate injunctive relief to prevent discrimination in the future.

Under the four-and-a-half-year consent decree settling the lawsuit, which was signed by federal District Court Judge John J. Tuchi, Mariscos Altata is ordered to revise its employment policies in consultation with an outside consultant. The company must also establish a robust system for employees to report harassment, discrimination, and retaliation; post an anti-discrimination notice; evaluate managers based on their compliance with EEO laws; and train its managers and employees on the law and Marisco Altata's policies against discrimination. The restaurant also agreed to terminate the alleged harasser and never rehire him. Mariscos Altata will also send letters of apology to all of the women affected by the harassment and retaliation.
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