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Employment Law
Sexual Harassment
Retaliation

U.S. Equal Employment Opportunity Commission v. Destination Hotels & Resorts Inc. and Destination Tahoe Hotel Inc.

Published: Oct. 26, 2013 | Result Date: Sep. 26, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-00278-LKK-KJN Settlement –  $30,000

Facts

Shira Garfinkel was employed by Hotel & Resorts Inc., dba Resort at Squaw Creek (Resort). Garfinkel later brought an action against Resort under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. She claimed that Resort used unlawful employment practices.

Contentions

PLAINTIFF'S CONTENTION: Garfinkel claimed that since at least December 2005, Resort subjected her to sex discrimination by exposing her to a hostile environment. A co-worker repeatedly sexually harassed Garfinkel. When Garfinkel was unreceptive to the co-worker's sexual advances, he became increasingly hostile to her and made threats of physical violence. Garfinkel complained to management, but they failed to do anything to prevent the harassment from continuing.

She also claimed that Resort later retaliated against her for reporting the sexual discrimination, by transferring her to a new position with less hours, pay, and seniority.

DEFENDANT'S CONTENTIONS:
Resort denied Garfinkel's allegations.

Damages

Garfinkel sought a permanent injunction preventing Resort from continuing to utilize its unlawful employment practices.

Result

The court awarded Garfinkel $30,000, and ordered Resort not to retaliate against Garfinkel any further. It also ordered that Resort revise its non-discrimination policies and conduct mandatory training for its employees on unlawful discrimination.


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