Mercury Air Centers To Pay $600,000 For Alleged National Origin, Race And Sex Harassment

 
Thursday, August 12, 2010
 

Aircraft services provider Mercury Air Centers, Inc., will pay $600,000 and furnish other relief to settle a national origin, race and sex harassment lawsuit.

The EEOC originally filed suit against Mercury Air Centers in September 2008 in the U.S. District Court for the Central District of California (EEOC v. Mercury Air Centers, Inc., CV-08-06332-AHM(Ex)), alleging that the harassment violated Title VII of the Civil Rights Act of 1964. Since the filing of the lawsuit, Mercury Air Centers was sold and became a part of Atlantic Services, Inc. Atlantic Services then worked with the EEOC in an effort to resolve the lawsuit.

According to the EEOC, the seven victims – including one Filipino male and six Hispanic males – endured a barrage of harassing comments on the part of a Salvadoran male co-worker at the Bob Hope Airport facility in Burbank, Calif., since at least 2004. The EEOC claims that a Filipino line technician was regularly referred to as a “chink,” “chino,” and “stupid Chinese,” and subjected to offensive statements about Filipinos. The alleged harasser derided the Guatemalan victims with derogatory remarks regarding their national origin, including references to them as “stupid Guatemaltecos” and stating that Guatemalans are useless and inferior to Salvadorans. Prior to learning the actual national origin of one of the Guatemalan victims, the alleged harasser also called him a “stupid Mexican.”

The EEOC contends that the alleged harasser also repeatedly hurled offensive racial and sexual remarks toward the claimants and at least two African-American employees, which included usage of the N-word and requests for sexual favors. The alleged harasser grabbed his genitals in their presence and engaged in unwanted sexual touching. Despite complaints regarding his inappropriate behavior, Mercury Air Centers’ management officials failed to fully investigate or address the alleged harassment, says the EEOC. In fact, the alleged harasser was instead promoted to a supervisory position.

The settlement includes total monetary relief of $600,000 to be paid to least seven employees along with a group of unidentified class members. The company also agreed to a two-year consent decree that calls for the appointment of an equal employment opportunity (EEO) officer to ensure compliance with anti-discrimination laws, along with an anti-discrimination policy, training, procedures, and reporting requirements to the EEOC.

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