Case details

EEOC: Workers secretly recorded in staff bathroom

SUMMARY

$27500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2012, claimants consisting of numerous young, male, Mexican-American workers, ages 19 to 21, were secretly recorded by a hidden cell phone taped to the bottom of the men’s staff restroom sink at Achiote Restaurant, a restaurant in San Ysidro, a district in the city of San Diego. When one of the workers discovered the phone, he immediately reported it to the San Diego Police Department and the restaurant’s owner. However, Achiote Restaurant allegedly failed to adequately respond to the harassment complaint, and the employee who reported the phone was demoted before he ultimately quit his job. The claimants attempted to reach a pre-litigation settlement through plaintiff U.S. Equal Employment Opportunity Commission’s conciliation process. However, the EEOC ultimately sued Salum Revilla Enterprises, L.L.C., doing business as Achiote Restaurant, on Sept. 3, 2015. The EEOC alleged that Salum Revilla Enterprises’ actions constituted sexual harassment and retaliation, in violation of Title VII of the Civil Rights Act of 1964. The EEOC also alleged that as a result of the retaliation at least of the employees was constructively discharged. Counsel for the EEOC asserted that the alleged harasser, a 24-year-old male who was the manager of Achiote Restaurant, secretly videotaped the younger male co-workers using a hidden cell phone taped to the bottom of the sink in the men’s staff bathroom. Counsel also asserted that one of the harassment victims, a 21 year-old, was subjected to unlawful retaliation after the victim discovered the phone and complained about it. Specifically, the EEOC’s counsel contended that the victim was demoted from a server position to busing tables, thereby reducing his work hours and given an unfavorable work schedule. Counsel also contended that the victim was issued excessive and unwarranted discipline. In addition, counsel contended that as a result of the hostile work environment and abusive working conditions, the worker/victim was ultimately forced to quit. Salum Revilla Enterprises initially denied the claimants’ and the EEOC’s allegations of the events. However, the EEOC’s counsel noted that when the San Diego police investigated the complaint, they accessed numerous video clips recorded by the manager, who allegedly admitted that he placed the phone in the restroom and secretly recorded male workers on at least three prior occasions., The EEOC sought recovery of unspecified damages on behalf of the numerous young, male, Mexican-American workers.
COURT
United States District Court, Southern District, San Diego, CA

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