Case details

Afghan American employees claimed they were harassed

SUMMARY

$400000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
In October 2007, four Afghan American salesmen employed by Fremont Toyota claimed they were singled out and harassed at a staff meeting, during which their general manager allegedly called them terrorists and threatened them with violence. The four men reported the incident to upper management, but they claimed they were further harassed and felt their job security was threatened. In late October 2007, all four men resigned. A fellow Afghan American employee, a manager, claimed he was fired after speaking up for the four salesmen. The Afghan American employees filed a complaint with the Equal Employment Opportunity Commission and after an initial investigation, the EEOC filed suit against Fremont Automobile Dealership LLC, which was doing business as Fremont Toyota. It alleged that Fremont Automobile’s actions constituted harassment, retaliation and discrimination based on national origin, in violation of Title VII of the Civil Rights Act of 1964. The EEOC contended that the Fremont Automobile’s general manager made discriminatory comments toward the Afghan American salesmen by calling them terrorists. It also contended that the general manager threatened the Afghan American salesmen with violence, saying he was going to “blow them up with a grenade.” The EEOC contended that after the four salesmen reported the incident to upper management, they were retaliated against with further harassment and job scrutiny, which the salesmen claimed forced them to resign. The EEOC also represented the claim of the Afghan American manager, who claimed he was fired after speaking up for the four salesmen. Fremont Automobile contended that there was a misunderstanding over what was said at the October 2007 meeting, specifically that the general manager never said he was going to “blow them up with a grenade.” It also claimed that the Afghan American employees were not isolated for their national origin, and were not retaliated against. Fremont Automobile further claimed the Afghan American manager was laid off, and not terminated for speaking up for the four salesmen., The EEOC sought recovery of compensatory damages for the five employees. It also sought injunctive relief to have Fremont Automobile agree to train all managers about workplace harassment, post a notice regarding the lawsuit at the dealership, and report to the EEOC for a three-year period.
COURT
United States District Court, Northern District, San Francisco, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case