2010-11-11 / Front Page

Redwoods in Yosemite fined $165,000 by EEOC

BY JILL BALLINGER GAZETTE EDITOR

The Redwoods in Yosemite, a vacation home rental management company in Wawona, will pay $165,000 and furnish injunctive relief to settle a national origin discrimination lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s suit against Wawona Property Management, seven Latino employees were targeted for “harassment, discipline, heightened scrutiny and eventual termination” by an operations manager who favored non-Latino staff. The EEOC was also able to obtained relief on behalf of the general manager, who was suspended and fired after reporting the discriminatory conduct to the board of directors.

EEOC’s release of the information stated that the victims were long-time, seasonal employees of Mexican and Salvadoran descent. They worked in the housekeeping and maintenance departments since as far back as 1997.

In November, 2006, the company hired a new operations manager who expressed a disdain for the Latino employees early on, allegedly stating that “Mexicans had given (him) a headache” and that he did not like people of color.

Rick Stephens, the president of the Wawona Property Management, Inc.’s board of directors, said his company negotiated the monetary settlement “in lieu of a protracrted and expensive legal battle with the EEOC’s Los Angeles attorneys.” Stephens said the agreement was reached without Wawona Property Management, Inc. admitting fault.

“As part of the resolution, the company agreed to continue, as it had at all times in the past, to fully comply with federal and state law, including the mandate for regular training of managers and employees, as well as having the most progressive anti-discrimination and anti-harassment laws in the industry,” Stephens’ statement reads. He said the Redwoods “fully investigated” the allegations at the time they were made and found that “no discrimination or wrongful conduct occurred.”

None of the Redwoods’ employees filed suit. The EEOC, however, pressed on, eventually filing suit in federal court.

The EEOC allegations include that the operations manager verbally abused and formally disciplined Latino staff members for alleged infractions such as taking coffee breaks and failing cleaning inspections. Stephens did not comment on the specifics of the allegations.

Further, the EEOC contended that two Latino housekeepers were disciplined after calling in absences due to the sudden hospitalization of their son. All the while, the EEOC says that non- Latino employees who violated company policies were promoted.

When the company’s general manager raised the concerns to the board of directors, the EEOC says he was suspended and ultimately terminated. “Thereafter, the operations manager forced the Latino claimants to quit due to his hostility towards them,” the EEOC attorneys said.

The settlement is a first for the EEOC in California’s national parks. In addition to the monetary settlement, the company agreed to revise its policies and procedures with respect to discrimination, harassment, retaliation and employee evaluations. It also agreed to contract an equal employment opporutnity consultant, provide anti-discrimination training to all employees in English and Spanish, with additional training for management.

“The Redwoods is an equal opportunity employer and has always prided itself on having a professional and diverse workforce, and continues its commitment to diversity,” Stephens said. “It has a long history of hiring workers of all races and ethnicities, with a particularly demonstrated commitment to employing those of Hispanic heritage.”

The EEOC believes the settlement shows that it takes care of all Californians. “No matter how remote a place may seem, the EEOC aims to serve all workers who may be victims of unlawful discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office. “Notwithstanding, the EEOC is pleased that Wawona is taking measures to rectify the situation and prevent future incidents of discrimination from occurring.”

Melissa Barrios, local director of the EEOC’s Fresno office, said, “Workers should be able to come foward about discrimination they may be experiencing without fear that actions will be taken against them,” she said. “Employers who engage in such illegal retaliation can and will be held accountable by the EEOC.”

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