Facts

The Good Fork, formerly doing business as Fuzia, is a restaurant located in Morgan Hill. The U.S. Equal Employment Opportunity Commission filed a lawsuit, alleging that a dishwasher at Fuzia was terminated in retaliation for reporting perceived sexual harassment at work.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that weeks after the employee reported the alleged harassment the restaurant fired her. Plaintiff claimed the employee was fired because she reported the alleged harassment in violation of the anti-retaliation provision of Title VII of the Civil Rights Act of 1964.

DEFENDANT'S CONTENTIONS:
Defendant denied liability, contending that it immediately investigated the employee's report of harassment and took appropriate remedial action. Nearly two months later, the employee voluntarily quit her job after the employer denied her request for more hours. The defendant contended that there was no connection between the initial incident and the employee's voluntary termination. Thereafter, the EEOC conducted an investigation, which the defense contended was inadequate, in that the investigator did not interview key witnesses. The defendant entered into the consent decree with the EEOC due to the cost of ongoing litigation.

Result

Good Fork agreed to pay the employee $20,000, to revise its anti-discrimination and retaliation policies and reporting procedures, and to conduct formal training of its managers and staff on anti-discrimination policies and reporting procedures. Additionally, these revised policies and procedures, as well as training, will be made available in English and Spanish to accommodate monolingual Spanish-speaking staff. The company also agreed to provide the EEOC with a summary of any reports of discrimination, harassment or retaliation for an 18-month period.