A vacation home rental management company in Yosemite
National Park will pay $165,000 and furnish injunctive relief to settle
a national origin discrimination lawsuit filed by the U.S. Equal
Employment Opportunity Commission (EEOC).
According to the EEOC’s suit against Wawona Property Management,
Inc., doing business as The Redwoods in Yosemite, seven Latino
employees were targeted for harassment, discipline, heightened
scrutiny, and eventual termination by an operations manager who favored
non-Latino staff. The EEOC also obtained relief on behalf of the
general manager, who was suspended and fired after reporting the
discriminatory conduct to the board of directors.
According to the EEOC, the victims were longtime seasonal employees
of Mexican and Salvadoran descent, who worked in the housekeeping and
maintenance departments since as far back as 1997. In November 2006,
the company hired a new operations manager who expressed a disdain for
the Latino employees early on, allegedly stating that “Mexicans had
given [him] a headache” and that he did not like people of color.
The operations manager verbally abused and formally disciplined
Latino staff for alleged infractions such as taking coffee breaks and
failing cleaning inspections. The EEOC contends that two Latino
housekeepers were disciplined after calling in absences due to the
sudden hospitalization of their son, while non-Latino employees who
violated company policies were promoted. When the general manager
raised the concerns of the Latino claimants to the company’s board of
directors, the general manager was suspended and ultimately terminated.
Thereafter, the operations manager forced the Latino claimants to quit
due to his hostility towards them, the EEOC said.
The EEOC filed suit against Wawona in September 2009 in U.S. District Court for the Eastern District of California (Equal Employment Opportunity Commission v. Wawona Property Management, Inc. dba The Redwoods in Yosemite,
Case No. 1:09-CV-016903 LJO-SKO), asserting that the national origin
harassment, discrimination and retaliation were in violation of Title
VII of the Civil Rights Act of 1964. This settlement is a first for the
EEOC in California’s national parks.
The parties entered into a three-year consent decree in which Wawona
agreed to revise its policies and procedures with respect to
discrimination, harassment, retaliation and employee evaluations. The
company further agreed to contract an equal employment opportunity
consultant; periodically provide live anti-discrimination training to
all employees in both English and Spanish, with additional training for
managerial staff on how to properly handle complaints of discrimination
and harassment in a neutral manner; track and report potential
violations of Title VII; and display a posting on the matter.