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EEOC Sued Del Taco for Sexual Harassment and Retaliation in Glendale, Arizona


— June 28, 2022

Victims should inform the harasser that their conduct is unwelcome and insist that it stops void of danger.


Del Taco violated federal law by subjecting a female employee to sexual harassment and by firing her for her complaint, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.  The lawsuit had been filed in U.S. District Court for the District of Arizona, alleging that an assistant manager at the Del Taco location in Glendale sexually harassed a female employee by fondling himself in her presence, grabbing her buttocks, and attempting to grab her breasts. The EEOC alleges that after she complained to her managers, she was suspended and then fired in retaliation for her complaint.   This alleged conduct violated Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, which prohibit employment discrimination based on sex, race, color, religion, or national origin, as well as retaliation. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit sought compensatory and punitive damages for victim as well as appropriate injunctive relief to prevent any further sex-discriminatory practices. Victims who are concerned about sexual harassment at their place or work or other venue should contact Glendale sexual harassment lawyers to determine options to job security and harm relief.  

Employees have rights to file claims when workplace sexual harassment causes them harms.  When a sexual harassment victim files a claim with the EEOC,  they sign a statement asserting that their workplace violated federal workplace discrimination laws. It’s a charge requesting the EEOC take remedial action. This action is the first step toward formal litigation and consultation with an Arizona sexual harassment attorney is beneficial as this point.  

Experienced lawyers guide legal actions when the work-related incident is one of a civil nature that can be more easily remedied then that of a criminal nature as sexual assault, where unwanted sexual contact using force, coercion, or incapacitation occurs is a criminal offense.  

Identify sexual harassment

  1. Uninvited physical contact.
  2. Sexual assault.
  3. Displaying sexually explicit media, or objects.
  4. Intimidation through rude remarks that are gender-related.
  5. Offering promotions, special treatment, or limiting advancement and threatening termination based on requests and submission of sexual favors.
  6. Understated flirting, or sexually suggestive conversation.

Report

Victims should inform the harasser that their conduct is unwelcome and insist that it stops void of danger. They should use any employer complaint mechanism, or grievance system available, including complaining to the Equal Employment Opportunity Commission (EEOC).  Positive settlement awards may be the result of strong cases presented by experienced sexual harassment lawyers. 

Arizona law

Image of the EEOC seal
Seal of the EEOC; image courtesy of U.S. Government via Wikimedia Commons, https://commons.wikimedia.org

Employees in Arizona are also protected against workplace discrimination through the Arizona Civil Rights Act. Employers are prohibited against discriminating against employees and job applicants on the basis of race, color, national origin, religion, gender, age, disability, veteran status, family medical leave, and pregnancy (ARS 41-1463). Employers are also prohibited from retaliating against employees engaged in protected activities, including filing EEOC complaints, participating in an investigation, or participating in a discrimination lawsuit.

Employer awareness

Prevention by employers is the best tool to eliminate sexual harassment in the workplace, through clear communication to employees that sexual harassment will not be tolerated, keeping in mind that leadership and workplace culture have a positive impact on the reduction of sexual harassment.  Victims of sexual harassment have legal options and sexual harassment attorneys  can help victims after they report the abuse through the proper channels at their place of employment.   

Sources:

  1. Del Taco Owner Sued by EEOC for Sexual Harassment and Retaliation | U.S. Equal Employment Opportunity Commission 
  2. https://www.justice.gov/crt/fcs/TitleVI-Overview
  3. https://www.ada.gov/
  4. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
  5. https://www.azleg.gov/ars/41/01463.htm

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