Month: October 2023

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ResourceOne Sued for Harassment Based on Genetic Information, Race, National Origin

Hostile Work Environment | Workplace bullying attorneys Helmer Friedman LLP.

EEOC Charges Printing Distribution Company Supervisor Called Employee ‘Ape,’ ‘Congo,’ and Other Slurs After Viewing DNA Results

A printing distribution company in Tulsa, Oklahoma, is facing charges of racial and national origin discrimination after a supervisor allegedly harassed an employee with derogatory slurs like “ape” and “Congo” upon learning about her DNA ancestry results. The commercial printing, direct mail, and direct marketing company, Worldwide Printing and Distribution, Inc., doing business as ResourceOne, is accused of violating the Genetic Information Non-Discrimination Act (GINA) and Title VII of the Civil Rights Act of 1964 by creating a hostile work environment for the employee and failing to take corrective action despite her repeated complaints.

The incident highlights the importance of protecting employees from discrimination and harassment based on their genetic information, national origin, or race. It is essential for employers to foster a safe and inclusive workplace free from offensive name-calling and slurs that can create a toxic work environment. As more people choose to learn about their ancestry through DNA testing, it is crucial to ensure that this information is not misused to create an unlawful environment at work.

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Worldwide Printing and Distribution, Inc., seeking monetary relief for the victim and an order prohibiting similar discrimination and harassment in the workplace. The EEOC emphasizes the need for employers to protect their workers from all forms of harassment and discrimination, including those based on genetic information, national origin, and race.

Update:

August 14, 2024 – Printing and Distribution, Inc., doing business as ResourceOne, a Tulsa commercial printing, direct mailing and direct marketing company, will pay $47,500 and furnish other relief to resolve a harassment lawsuit.

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Sexual Harassment and Retaliation of Tenants

Sexual harassment retaliation by landlord.

Dad, Son Refused to Fix Tenant’s Gas Leak After She Reported Sexual Harassment

The Justice Department filed a lawsuit against Javier Salazar Jr., Javier Salazar Sr., and Ricardo Covarrubias, a maintenance worker, the manager, and the owner, respectively, of rental properties in Bakersfield, California, alleging sexual harassment and retaliation in violation of the Fair Housing Act.

Preying on renters who have few housing options is abhorrent and illegal.

The lawsuit, filed in the U.S. District Court for the Eastern District of California, alleges that Javier Salazar, Jr., a maintenance worker, sexually harassed a female tenant from December 2018 through March 2019 by repeatedly asking the tenant to engage in sexual acts with him, asking her to be in a relationship with him, describing the sexual acts he wished to engage in with her and persistently commenting on her appearance.

The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.

According to the complaint, on two occasions, Javier Salazar Jr. touched the tenant’s body without her consent. He secretly took digital photographs of framed print pictures in her home of her and her daughter. The tenant reported Salazar Jr.’s conduct to Salazar Sr., who was both the property manager and Salazar Jr.’s father. After she reported the harassment and threatened to contact a lawyer or the police if it continued, the Salazars refused to fix a leaking gas line in her dwelling, causing her to go without heat for one month and consequently forcing her to move out. The complaint also alleges that the property owner, Covarrubias, is vicariously liable for the Salazars’ conduct because they were his agents when they engaged in sexual harassment and retaliation.

“Sexual harassment in rental housing preys on tenants who are especially vulnerable, including those who rely on their housing provider for critical maintenance services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.”

“For four months this tenant refused the repeated sexual advances by the maintenance worker at her rental home, and when she reported the sexual harassment, she faced retaliation,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The actions of Salazar Jr. and the failure or refusal of Salazar Sr. and Covarrubias to act on the tenant’s behalf caused her harm and distress. The U.S. Attorney’s Office will hold accountable any landlord who enables or engages in sexual harassment in violation of the Fair Housing Act.”

“Preying on renters who have few housing options is abhorrent and illegal,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “HUD will continue to work with DOJ to enforce the law and protect tenants.”

The lawsuit arose from a complaint the former tenant filed with HUD. After HUD investigated the complaint, it issued a charge of discrimination, and the matter was referred to the Justice Department. The lawsuit seeks monetary damages to compensate the victim and a court order barring future discrimination.

The Justice Department’s Sexual Harassment in Housing Initiative is part of the Civil Rights Division in coordination with U.S. Attorney’s Offices nationwide. The initiative aims to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the Initiative in October 2017, the Justice Department has filed 34 lawsuits alleging sexual harassment in housing.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.

Individuals who believe that they may have been victims of sexual harassment by Javier Salazar Jr., or at rental dwellings owned or managed by Ricardo Covarrubias or Javier Salazar Sr., or who have other information that may be relevant to this case should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at
fairhousing@usdoj.gov, or submit a report online.

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Racial Harassment and Retaliation Lawsuit Against Riverwalk Post-Acute Settled

Race harassment is illegal discrimination.

A skilled nursing facility in California, Riverwalk Post-Acute, has agreed to pay $865,000 to settle a racial harassment and retaliation lawsuit filed by the US Equal Employment Opportunity Commission (EEOC). The EEOC alleged that the facility continually allowed black employees to be subjected to racial harassment by residents, co-workers, and a supervisor, including frequent and offensive race-based remarks and slurs since 2018.  The EEOC claimed that the facility’s management failed to respond adequately to multiple complaints of harassment, instead telling employees to tolerate the abuse. The settlement also includes injunctive relief aimed at preventing workplace harassment and retaliation, which includes retaining an EEO monitor, reviewing and revising policies and procedures on discrimination, harassment, and retaliation, creating a structure for employees to report discrimination and harassment, and providing training on anti-discrimination laws.

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Sexual Harassment Lawsuit Filed Against Ohio Landlord

Sexual abuse causes long term harm to victims.

The Justice Department has filed a lawsuit against Joseph Pedaline, owner and manager of residential rental properties in Youngstown, Ohio, for sexually harassing female tenants in violation of the Fair Housing Act. Pedaline allegedly subjected tenants to repeated sexual comments, touched them without their consent, entered their homes without permission, offered to waive rent or perform repairs in exchange for sexual contact, and threatened to evict those who refused his advances. The lawsuit seeks monetary damages, a civil penalty, and a court order barring future discrimination. The Fair Housing Act prohibits housing discrimination based on race, color, religion, national origin, sex, disability, and familial status.

Read more about the case on the DOJ website.