The owners of the Planet Ford car
dealership on Highway 45N in Spring / North Houston will pay $160,000
to settle a class sexual harassment, age discrimination and race
discrimination case brought by the Equal Employment Opportunity
Commission (EEOC), the federal agency announced.
In its lawsuit (Civil Action No. 4:09-cv-03096 in U.S. District
Court for the Southern District of Texas, Houston Division), the agency
had charged that Autotainment Partners Limited Partnership and
Worldwide Autotainment, Inc. violated federal law by subjecting a male
auto salesman, as well as another male employee, to age discrimination
and sexual harassment by their male supervisor. One employee also
alleged that his supervisor subjected him to race discrimination, and
both claimants alleged they were retaliated against for complaining
about the supervisor’s unlawful conduct.
According to the EEOC, the harassment and discrimination included
comments of a sexual nature and taunts by the supervisor that the
original complainant, who is heterosexual, was engaging in homosexual
activities. The supervisor also threatened the complainant, who is
white, that the supervisor would “get back at” him for the “terrible
things whites had done to blacks” in the past.
The supervisor also repeatedly berated the complainant for being
“too old” for the job and “washed up” in the industry. In addition, the
supervisor repeatedly sabotaged his work efforts, including discarding
unfinished paperwork related to his sales. The other class member was
also subjected to discrimination based on his age and to sexual
harassment by the same supervisor.
Both employees complained to management about the supervisor’s
harassment, verbally and in writing, but nothing was done by Planet
Ford to put a stop to the conduct, the EEOC said. Because of the
continued harassment and the lack of action by Planet Ford to alleviate
the situation, the complainant was forced to transfer out of the
supervisor’s department to a lesser-paying position. Ultimately, after
the harassment continued unabated, he was forced to quit. The class
member was ultimately fired following his complaints.
Sexual harassment, race discrimination and retaliation (for
complaining about discrimination or harassment) violate Title VII of
the Civil Rights Act of 1964. Age discrimination also violates federal
statute – the Age Discrimination in Employment Act (ADEA). Constructive
discharge, i.e, being forced to quit one’s job because of
such harassment or discrimination, is also illegal. The EEOC filed suit
against after first attempting to reach a voluntary settlement and
compliance.
The settlement terms, set forth in a consent decree signed and
entered by U.S. District Judge Ewing Werlein, Jr., require Autotainment
Partners Limited Partnership and Worldwide Autotainment, Inc. to pay
$160,000 in relief to compensate the two individuals. The decree also
contains provisions to ensure that the owners and managers of these
entities are properly trained to fully comply with employment
discrimination laws. In addition, the two defendants are required to
enforce policies and procedures for addressing illegal discrimination
in the workplace, as well as guidelines for investigating complaints of
discrimination.