Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.
According to the complaint, a worker discovered the restaurant manager had used a cellphone to illicitly take pictures of the young men in the lavatory. He confronted the manager and complained to the restaurant’s owner.
The manager responded by cutting his schedule from five days to two and disciplining him. The restaurant’s owners allegedly took no steps to investigate the claims.
The EEOC attempted to resolve the dispute through its conciliation process. When those efforts failed, it sued on the men’s behalf. The lawsuit seeks compensatory damages and back pay, as well as injunctive relief to prevent future sexual harassment and retaliation.
Note: The Supreme Court has ruled employers must address same-sex sexual harassment the same way they do opposite-sex complaints. Employers must investigate complaints in good faith.