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The
EEOC announced the settlement of a sex discrimination lawsuit against
Luby's Restaurants Limited Partnership, doing business as Luby's San
Antonio #19 (Luby's), for $135,000 and significant remedial relief on
behalf of a class of female workers who were subjected to a pervasive
sexually hostile work environment for years. Houston-based Luby's
operates 128 restaurants in five states with several locations in San
Antonio and throughout Texas.
The EEOC's suit (Civil Action No.
SA-08-CA-0794-FB), filed in the U.S. District Court for the Western
District of Texas, San Antonio Division, charged Luby's with subjecting
female employees, including a teenager, to a sexually hostile work
environment at its Floyd Curl Ave., San Antonio location. Specifically,
the EEOC said that the women were subjected to, among other things,
repeated unwelcome sexual touching, numerous sexual comments, as well
as gestures and innuendo.
The harassment, which was allowed to
continue for at least four years, also included a work atmosphere
permeated with lewd and sexually offensive behavior, including
restraining one woman in the women's restroom while requesting sexual
favors from her. Additionally, one of the female employees was forced
to quit her job because Luby's failed to take appropriate action to
address the harassment.
In addition to providing $135,000 in
monetary damages to the women, the consent decree resolving the case
enjoins Luby's from discriminating against employees based on sex and
requires the following:
* Implementing an effective anti-discrimination policy;
* Conducting sexual harassment prevention training for all Luby's employees, including managers and supervisors;
* Posting of a Notice of Luby's intent to comply with Title VII of the Civil Rights Act; and
* Providing a Notice of Rights to all employees 18-years-old and
younger, which explains their rights to work in an environment free
from any form of harassment or discrimination.
"Employees have a
legal right to work in an environment that is free of sexual
harassment," said EEOC Senior Trial Attorney Eduardo Juarez of the
agency's San Antonio Field Office. "Upon notification of a complaint of
sexual harassment, employers must do whatever is needed to correct the
behavior of the offending employee and prevent further harassment."
Sexual
harassment violates Title VII of the Civil Rights Act of 1964, which
also prohibits employment discrimination based on race, color,
religion, gender, or national origin, and protects employees who
complain about such offenses from retaliation.
EEOC Supervisory
Trial Attorney Judith G. Taylor added, "Sexual harassment affects far
too many workers in the service industries, but especially teenagers
who feel they have no recourse and are especially vulnerable because of
their age and inexperience. Every employer has a duty to protect its
workforce from harassment."
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