Condo association sued for sexual harassment, national origin discrimination and retaliation
JD Supra
28 July 2015
Management Company Also Sued; Vulnerable Workers Subjected to Abuse,
Including Attempted Rape, and Retaliation for Complaining, EEOC Charged
DENVER - Vail Run Community Resort Association, Inc., a condominium
complex in Vail, Colo., and its management company, Global Hospitality
Resorts, Inc., violated federal law by allowing a housekeeping manager
to sexually harass Mexican female employees, including attempted rape,
the U.S. Equal Employment Opportunity Commission (EEOC) charged in a
lawsuit filed today.
EEOC further alleged the defendants retaliated against men and women
who complained about the harassment to management, including Global
Hospitality's controller, Alan McLean, or owner, William Fleischer.
According to EEOC's suit, Omar Quezada, the housekeeping manager,
repeatedly spoke about sex, propositioned female employees, showed them
graphic pictures on his phone, and groped and physically assaulted his
victims, including attempted rape. Quezada targeted Mexican immigrants
who were particularly vulnerable, threatening them with job loss and
deportation if they refused his advances, complained about him, or went
to the police.
When workers nevertheless complained to management, they were met with
anger and indifference. EEOC said the companies never undertook an
internal investigation after the complaints, made no effort to reduce
Quezada's supervisorial powers, and did not discipline Quezada. Two
victims were finally forced to go to the police for help, and both of
these women were later fired. In 2013, an Eagle County jury found
Quezada was guilty of unlawful sexual contact and felony extortion, and
Quezada pled guilty to additional similar charges after the jury
verdict.
All this alleged conduct violates Title VII of the Civil Rights Act of
1964, which prohibits sex discrimination, including sexual harassment,
discrimination based on national origin, and retaliation. EEOC filed
its lawsuit (EEOC v. Vail Run Community Resort Association, Inc. and
Global Hospitality Resorts, Inc. Case No. 1:15-cv-01592 (D. Colorado)
after first attempting to resolve the matter through its pre-litigation
conciliation process. The suit seeks monetary damages including
emotional distress and punitive damages. EEOC also seeks injunctive
relief prohibiting any future discrimination by the employers and
mandating corrective action.
"Immigrant workers are particularly vulnerable," said EEOC Regional
Attorney Mary Jo O'Neill. "They have less information about their
rights and about how to enforce them, and are often times
linguistically and socially marginalized. Employers need to take
preventative measures against discrimination, particularly when their
workforce is highly susceptible to exploitation."
EEOC Denver Filed Office Director John Lowrie added, "Companies must
take sexual harassment complaints seriously, no matter who makes the
complaint, and must be vigilant against retaliation."
Eliminating discriminatory policies affecting vulnerable workers is one
of six national priorities identified in the EEOC's Strategic
Enforcement Plan.
The EEOC enforces federal laws prohibiting employment discrimination.
Further information about the EEOC is available on its web site at
www.eeoc.gov.
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