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Federal anti-discrimination laws protect all persons in this country, regardless of immigration status (including undocumented immigrants) from unfair and illegal discrimination. Employment anti-discrimination laws make it illegal for employers to make any employment decisions based on a person’s race, color, national origin, religion, disability, or sex. It is illegal to discriminate in any part of the employment relationship including hiring and firing, setting the rate of pay, work assignments, classification, layoff selection, provision of benefits like health insurance, disability and sick leave and other terms and condition of employment. And, federal prosecutors will file criminal charges against anyone that uses force or violence to interfere with these rights. The Federal Equal Employment Opportunity Commission (EEOC) enforces these laws.
The EEOC filed 2 discrimination cases on behalf of 2 Latinos against LANDWIN MANAGEMENT CO. which took over the management of the Hilton Hotel in San Gabriel, California. In the first case, the EEOC accused LANDWIN of NATIONAL ORIGIN DISCRIMINATION because it replaced a very experienced and qualified Latino employee with a less experienced and less qualified Chinese employee. National Origin Discrimination includes illegally excluding someone because of his/her BIRTHPLACE, ANCESTRY, CULTURE, LANGUAGE, and NAME OR SPEAKING ACCENT. The EEOC identified and represented more than 2 dozen former Hilton Hotels that they believe experienced illegal discrimination.
In the second case, the EEOC accused LANDWIN of allowing improper SEXUAL HARASSMENT to occur at the hotel. Female employees that worked in the housekeeping department reported that their supervisor verbally abused them and called them prostitutes. They also alleged that Management representative ignored their complaints. Government officials usually file Civil Discrimination cases, like these, when there is a “pattern and practice” (more than one incident) of violations by the same employer. And, cases are filed when employers have a policy of discrimination and repeated misconduct.
LANDWIN CO. agreed to pay a total of $500,000.00 to the two Latino claimants in these cases. LANDWIN also agreed to a Court Order requiring them to recruit Latino workers, provide anti-discrimination training to its employees and hire EEOC consultants to monitor compliance progress. They did this because they knew that the EEOC had enough evidence to win the case if it went to trial and that a court could order them to pay even more.
EEOC and private employment law attorneys say that many victims of illegal employment discrimination are reluctant to report it because of the mistaken belief that it will lead to their deportation. Unless victims of illegal discrimination file formal complaints, abusive employers will continue to discriminate against innocent Latinos and other protected minority groups. If you think that you may be a victim of discrimination, consult with an attorney immediately. Many of the best attorneys provide free consultations. ¡NO SE DEJE! ®
Jess J. Araujo, Esq.