EEOC Sues Vegas Hotel over Harassment Claim

September 21, 2005 ( - The US Equal Employment Opportunity Commission (EEOC) has filed a sexual harassment and retaliation lawsuit on behalf of five kitchen workers at a Las Vegas hotel.

The lawsuit, which was filed in US District Court in Las Vegas, claims that a male cook at the Noodle Shop at Mandalay Bay sexually harassed a female cook through unwanted touching, intimidation and leering, according to a Las Vegas Sun news report.

When the victim and four witnesses complained to a supervisor about the conduct, the lawsuit claims the harasser and the supervisor then began retaliating against the victim and witnesses.

Santos Albarran, an EEOC spokesman, said the incident took place in March 2003; the victim reported it to the supervisor that April and she filed a police report with Metro Police in May. The alleged harasser eventually pleaded guilty to open and gross lewdness, a misdemeanor, and was sentenced to six months of probation and 40 hours of community service, Albarran said.

According to the lawsuit, the retaliatory conduct consisted of verbal threats, physical assaults, vandalism of personal property, unwarranted discipline, reduced work hours and termination. Albarran said that the victim wasn’t disciplined but that she continued to suffer harassment after complaining.

He said that one of the witnesses was fired in September 2003 allegedly for dishonesty and misconduct.