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CONFIDENTIAL

Jun. 21, 2005

Employment Law
Gender Discrimination
Retaliation

Confidential

Settlement –  $185,000

Court

USDC Northern


Attorneys

Plaintiff

William R. Tamayo


Defendant

John A. Lavra

Jeri Lynn Pappone


Facts

Videographer America Medina and news reporter Sofia Long were employed at defendant Entravision Communications Corporation, a television group in the United States affiliated with the Spanish language media conglomeration Univision. The Equal Employment Opportunity Commission (EEOC) sued defendant, claiming Medina and Long were sexually harassed by their supervisor. The women claimed that they were subjected to comments regarding their looks and bodies, unwelcomed sexual advances, touching, grabbing and forcibly kissed. The EEOC claimed Medina was constructively discharged because she was forced to resign when the harassment continued despite her complaints. The EEOC claimed retaliation for Long, contending she was fired when she refused her supervisor's sexual advances and complained of the harassment. After the EEOC filed its action, two other female employees approached the EEOC with similar complaints. The defendant denied the allegations. It asserted there was no constructive discharge because Medina voluntarily resigned to take another job. It also asserted that Long was terminated for unrelated reasons. The defendant maintained it had an anti-harassment policy and that none of the complaining female employees followed the procedures or reported any alleged harassment until after they left their employment.

Damages

The EEOC claimed the female employees suffered emotional distress because of the sexual harassment. It also claimed that the women risked significant career opportunities to report harassment given the scarcity of Spanish-speaking television.

Result

The parties settled before trial. Without admitting wrongdoing, the defendant agreed to pay $185,000 to the four female employees. The defendant agreed to develop anti-harassment policies and a complaint procedure to be distributed to all employees in English and Spanish, and to require anti-harassment training for all its employees.


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