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Employment Law
Sexual Discrimination
Retaliation

U.S. Equal Employment Opportunity Commission v. Panda Express Inc., Panda Restaurant Group Inc., and Does 1 through 15, inclusive

Published: Jun. 13, 2013 | Result Date: May 26, 2013 |

Case number: 1:12-cv-00530-SOM-RLP Settlement –  $150,000

Court

USDC Hawaii


Attorneys

Plaintiff

Anna Y. Park
(U.S. Equal Employment Opportunity Commission)

Amrita Mallik


Defendant

Lissa H. Andrews

Steven W. Moore
(Fox Rothschild LLP)


Facts

Panda Express, a Chinese fast food restaurant, had a restaurant location in Kapaa, on the island of Kauai in Hawaii. Following complaints by three female teenagers working at the restaurant, the U.S. Equal Employment Opportunity Commission filed suit against Panda Express, alleging sexual harassment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the teenagers, who were between 17 and 19, were sexually harassed between 2007 and 2009 by a male kitchen supervisor at the restaurant, who made sexual comments and sexual advances. In addition, plaintiff claimed that when the teenagers reported the misconduct, Panda Express did not take sufficient action to remedy the harassment.

DEFENDANT'S CONTENTIONS:
Defendant denied the claims.

Result

Panda Express agreed to pay $150,000. Additionally, Panda Express will assign an in house equal employment opportunity coordinator, amend and hand out its anti-harassment policy and procedures, give annual sexual harassment training to all employees in Kapaa and to all general managers in Hawaii. Last, the EEOC will observe compliance with the agreement, and Panda Express agreed to strengthen its procedures involving complaints of sexual harassment in its Hawaii region.


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