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.