Goodwill Affiliate Sued By EEOC for Sexual Harassment, Disability
Discrimination and Retaliation
12/15/2016
by
U.S. Equal Employment Opportunity Commission (EEOC)
Nightshift Janitors Left Vulnerable to Supervisor's Abuse, Federal Agency
Charges
OAKLAND, Calif. - Goodwill Industries of the East Bay Area and affiliate
Calidad Industries violated federal law by allowing sexual harassment and
disability
discrimination against nightshift janitors contracted to clean the Oakland
Federal Building and retaliating against managers who tried to help these
employees,
the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it
filed today.
According to the suit, a nightshift supervisor routinely sexually harassed at
least five women employed by Goodwill/Calidad's janitorial operations under
a federal government contract. Most of these workers were employed through a
program providing jobs for people with disabilities. In addition to
inappropriate
touching, leering, propositions and intrusive questions about these women's sex
lives, the supervisor groped his genitals in front of female janitors and
others so often that federal building employees nicknamed him "Mr. Bojangles."
Despite repeated reports, Goodwill/Calidad failed to take any effective
action to protect these vulnerable workers.
EEOC's investigation also revealed that the same supervisor falsified mandated
time studies, denying the workers with disabilities pay increases based on
their actual performance. EEOC also charges that two managers were unfairly
criticized and disciplined in retaliation for supporting the women's sexual
harassment claims, and one manager was compelled to resign.
Sexual harassment is illegal gender discrimination under Title VII of the Civil
Rights Act of 1964, which also prohibits employers from firing or otherwise
retaliating against employees for opposing discriminatory harassment, including
making harassment complaints. Title I of the Americans with Disabilities
Act (ADA) prohibits compensation discrimination on the basis of disability.
After investigating and attempting to reach a pre-litigation settlement through
its conciliation process, EEOC filed suit in the Oakland Division of U.S.
District Court for the Northern District of California (EEOC v. Goodwill
Industries
of the Greater East Bay and Calidad Industries, Civil Action No.
4:16-CV-07093). EEOC seeks lost wages plus compensatory and punitive damages
for the harm
suffered by the workers, as well as an injunction to prevent further violations.
"EEOC vigorously defends those who speak out against discrimination they see in
the workplace, as well as those who are harassed," EEOC Senior Trial Attorney
Linda Ordonio-Dixon said. "Here, the nightshift janitors trusted a newly hired
manager with their harassment complaints after years of inaction. When
Goodwill/Calidad
failed to respond appropriately, that manager helped the women file EEOC
charges and suffered retaliation for doing the right thing."
EEOC's San Francisco District Director William R. Tamayo added, "As shown in a
recent
Frontline video
on female night shift janitors, sexual harassment can become a pervasive
problem when companies fail to curb supervisors who abuse their power over
vulnerable
workers. It's unfortunate that a program designed to assist workers with severe
disabilities to secure a foothold in the workplace instead permitted a
supervisor to exploit his authority over workers made more vulnerable by their
disabilities and the isolation of working the night shift."
According to its website, Calidad Industries is a subsidiary of Goodwill
Industries of the Greater East Bay and provides vocational training and
employment
to those with significant disabilities.
Protecting vulnerable workers from harassment, disparate pay, and other
discriminatory policies is one of the priorities identified in EEOC's Strategic
Enforcement Plan (SEP).
EEOC advances opportunity in the workplace by enforcing federal laws
prohibiting employment discrimination. More information is available at
www.eeoc.gov.