Guam resort to pay $243K to settle harassment case

In a rare federal employment case in Guam, the EEOC had charged that Leo Palace Resort subjected three female employees to a sexually harassing work environment and unlawfully retaliated against them for complaining about it.

In its 2006 lawsuit, the EEOC charged that three women employees at Leo Palace Resort were subjected to ongoing, sexually explicit verbal harassment by a female co-worker. The co-worker on several occasions also engaged in other sexually suggestive behavior around the three victims, such as using objects like rolled-up towels or balloons to simulate a male body part.

Further, the EEOC said, the female co-worker subjected the three victims to physical harassment, such as groping, grabbing, and rubbing against them. In addition, the agency says, Leo Palace Resort failed to take adequate steps to stop or prevent the harassment once it became aware of it, and instead retaliated against the employees who complained by forcing them to quit.

Sexual harassment, and retaliation for complaining about it, violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the District of Guam after first attempting to reach a voluntary settlement.

“I am glad about the outcome,” said Rose Taimanglo, one of the harassment and retaliation victims. “My attorney and the EEOC listened to us and helped us get closure. I think this is a message to everyone that if you are treated unfairly it doesn’t matter how big the company is—as long as you tell the truth, you will be heard.” Taimanglo and the other two victims are represented by lawyer Phillip Torres.

Under the three-year consent decree signed by Judge Frances M. Tydingco-Gatewood, Leo Palace will pay $243,000 in compensatory damages, attorneys’ fees, and costs to the three victims.

As part of the injunctive relief, Leo Palace also will:

(1) provide annual training to its employees;

(2) revise its employment policies and procedures to conform to its obligations under Title VII; and

(3) provide semi-annual reports to the EEOC regarding its employment practices.

Olophius Perry, district director for the Los Angeles District Office, whose territory encompasses the Northern Mariana Islands, said, “Employers need to understand that they have an obligation to comply with U.S. law when they are operating within the United States or its territories. As part of its mission, the EEOC is available to provide training to employers to educate them about their obligations under federal equal employment opportunity laws.”

Anna Park, the regional attorney for the EEOC’s Los Angeles District Office, added, “Employers will be held responsible for allowing a sexually harassing environment to continue. Once an employer becomes aware of sexual harassment, it needs to do all it can to address and correct the situation. Properly training supervisors, managers, and human resources personnel about how to respond to sexual harassment complaints will help to promptly address and correct the situation. That’s why the injunctive relief in this case, which requires, in part, that Leo Palace train its employees about their obligations and rights under Title VII, is so important.” [B][I](EEOC)[/I][/B]