Facts

The U.S. Equal Employment Opportunity Commission filed an employment discrimination lawsuit against defendants for alleged national origin and color discrimination. It asserted violation of Title VII of the Civil Rights Act (42 U.S.C. Section 2000e et seq.).

PLAINTIFF'S CONTENTIONS:
The EEOC contended that Pioneer Hotel Inc. subjected Latino and/or brown-skinned workers to a barrage of highly offensive and derogatory comments about their national origin and/or skin color. Additionally, the workers were told not to speak Spanish during their breaks. Pioneer Hotel allegedly failed to stop the harassment and discrimination despite repeated complaints by the workers.

DEFENDANT'S CONTENTIONS:
Pioneer Hotel contended that the complaint should be dismissed because the EEOC and/or the class members engaged in obstreperous conduct throughout the course of discovery for the case.

Result

Pioneer Hotel Inc. settled with the EEOC for $150,000. Pioneer Hotel was also enjoined from harassing, or retaliating against, workers based on their national origin and dark-skinned color. The parties entered into a 4-year consent decree, which provides for significant injunctive relief. Pioneer agreed to hire an outside equal employment opportunity consultant to ensure that the company implements effective policies, procedures, and training for all employees to prevent discrimination, harassment, and retaliation. Further, pursuant to the decree, Pioneer management will receive additional training on its responsibilities under Title VII, be required to immediately report complaints to the human resources department, and be held accountable for failing to take appropriate action. Pioneer further agreed to visibly post the notice of consent decree at the hotel and create a centralized system to track complaints.

Other Information

FILING DATE: Sept. 30, 2011.