SAN JOSE, Calif. — Chinese fast food chain Panda Express violated federal law by firing a female employee for reporting sexual harassment by a co-worker at one of its San Jose locations, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a federal lawsuit.
According to the lawsuit, Veronica Nava, who worked as a counter helper and cashier, notified her restaurant manager that a co-worker was engaging in sexually inappropriate behavior. Panda Express conducted an investigation and ultimately transferred the co-worker to another location.
However, within five weeks of Nava complaining, and just days after the conclusion of Panda Express’ investigation, she was fired by that same manager, whom Nava describes as a friend of her alleged harasser.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation. After first trying to reach a voluntary pre-litigation settlement, the EEOC filed suit (EEOC v. Panda Express, Inc., Civil Action No. CV-10-4386-HRL) in U.S. District Court for the Northern District of California, San Jose Division, and seeks monetary relief, including emotional distress and punitive damages, on behalf of the woman retaliated against, in addition to injunctive relief to prevent a recurrence of this type of discrimination.
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