Sex-Based Employment Discrimination, Harassment, and Retaliation

Parent filed a complaint on behalf of his minor daughter stating she was subjected to unwelcome sexual comments and conduct while employed at an auto mechanic shop.  On October 24, 2023, Complainant’s daughter reported to Respondent’s service manager that she had been subjected to unwanted sexual comments and conduct by an adult male co-worker.  The service manager forwarded the complaint to Respondent’s Human Resources.  On October 25, 2023, Complainant’s daughter called out ill and later reported to her father that she had been subjected to unwanted sexual attention by an adult male co-worker, and that she was uncomfortable at work.  Complainant emailed Respondent’s manager reporting the sexual harassment and notifying the manager that Complainant’s daughter was uncomfortable at work with the male co-worker.  On October 27, 2023, Respondent’s manager terminated Complainant’s daughter citing her illness.  Complainant withdrew his complaint on his daughter’s behalf so he could pursue the action in a different legal venue.  The original case was then closed.  The Executive Director filed a charge on the same fact pattern to pursue state law public policy goals.  An investigation revealed that Respondent did not deny the events, justifying the termination as a violation of their no-call-no-show policy.  However, Respondent’s policy holds an exemption for extenuating circumstances, of which Respondent’s HR department wanted a thorough investigation completed rather than firing the Complainant’s daughter.  The general manager also failed to respond to Complainant’s daughter’s request for assurance of returning to a safe work environment.  Evidence and testimony showed the general manager was not truthful about having conducted a thorough investigation, and that he assigned the adult male coworker at issue to complete a sexual harassment training that did not exist.  The parties reached an agreement and, as of March 31, 2025, staff continue to monitor compliance with the terms and conditions of the agreement.