Employee Fired for Advising Other Employees to File Hostile Work Environment Complaints, Federal Agency Says
HONOLULU, Hawaii - Aloha Auto Group, Ltd. will pay $30,000 and provide other relief to settle a lawsuit for retaliatory discrimination filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
The EEOC's suit alleged that Aloha Auto Group fired Daniel Young because he encouraged a group of Asian-American and Pacific Islander employees at Aloha Auto Group's Harley-Davidson dealership on Kauai to complain about a racially discriminatory comment.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit against Aloha Auto Group, Ltd. (EEOC v. Aloha Auto Group Ltd, Case No: 1:16-cv-00521-KSC) in U.S. District Court for the District of Hawaii in 2016 after first attempting to reach a pre-litigation settlement through its conciliation process.
The consent decree settling the suit provides $30,000 in damages to Young and requiring Aloha Auto Group, Ltd. to designate an equal employment opportunity (EEO) monitor to ensure the company's compliance with Title VII and anti-retaliation policies and procedures.
The decree also requires a complaint process and impartial investigations, together with a centralized tracking system for discrimination and retaliation complaints and provisions holding employees accountable for discrimination and retaliation. Annual training on race-based discrimination and retaliation will be provided for those involved in human resources and at the management level to educate them on their rights and responsibilities on race-based discrimination and retaliation, with the goal of preventing and deterring any discriminatory practices in the future.
"The EEOC takes retaliation seriously because it undermines the integrity of the federal process for reporting and preventing discrimination," said Anna Park, regional attorney for EEOC's Los Angeles District, which includes Hawaii in its jurisdiction.
Glory Gervacio Saure, director of EEOC's Honolulu Local Office, added, "This settlement reinforces the EEOC's unwavering commitment to ensuring that race-based discrimination has no place in today's workplaces."
According to the company's website, www.aaghi.com, Aloha Auto Group owns and operates a chain of car and motorcycle dealerships throughout the islands of Hawaii.
Preserving access to the legal system by targeting policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes is one of six national priorities identified by EEOC's Strategic Enforcement Plan (SEP).
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.