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EMPLOYMENT SEXUAL HARASSMENT: Arizona-based Company Faces Sexual Harassment and Retaliation Lawsuit

March 1, 2011

Phoenix – The US Equal Employment Opportunity Commission (EEOC) has filed a lawsuit Tuesday against Gala AZ Holdings, Inc., franchisee and developer of the restaurant Del Taco, after the agency found that a female employee was subjected to sexual harassment and retaliation after filing her complaint.

According to the lawsuit EEOC v. Gala AZ Holdings, Inc. that was filed in the District Court of Arizona, Adriana Lopez, an employee at a Glendale branch of Del Taco, was sexually harassed by the branch assistant manager.

The assistant manager allegedly fondled himself in Lopez’s presence, grabbed her buttocks, and attempted to grab her breast as well. Lopez complained to the mangers but instead, she was the one who got suspended, and eventually fired.

The lawsuit was filed after an attempt to reach pre-litigation settlement through conciliation failed. Compensatory and punitive damages will be awarded to Lopez if proven that harassment did occur. Appropriate injunctive relief to prevent any sexual discrimination cases in the future is also demanded.

Sexual harassment is a violation under Title VII of the 1964 Civil Rights Act and the 1991 Civil Rights Act, which prohibit employment discrimination, as well as retaliation, on grounds of sex, color, race, religion, and national origin.

According to EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill, there has been an alarming increase in retaliation charges. “We are very concerned that employees know that they can report discrimination without repercussions,” she said.

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