A Texas oil field construction and services company will pay $30,000 to settle an EEOC retaliation lawsuit after the company fired its only female roustabout, Elma Garza, after she reported being sexually harassed on the job.
Garza was hired by the company in January 2012 as a dump truck driver, and spent most of her employment as the company’s only female oil field worker. In this roustabout position, Garza worked side-by-side with her male co-workers fixing oil and gas leaks, digging ditches and cleaning heavy equipment. EEOC said that during her employment, Garza was subjected to lewd comments about female organs and sex. EEOC alleges that when Garza reported the unwanted conduct, the company retaliated against her by terminating her.
In addition to monetary relief, the consent decree settling the suit requires the company to: (1) implement a written anti-retaliation policy to ensure that employee complaints are addressed and providing protection to employees from adverse employment action for lodging such complaints; (2) conduct annual training for three years about the law against retaliation in the workplace; and (3) post anti-discrimination and anti-retaliation notices in the workplace.
Sexual Discrimination and Harassment
Title VII prohibits employers from discriminating against employees or job applicants based on their sex. This can include sexual harassment, as well as treating someone differently because of their sex. Broadly, “harassment” means any unwelcome conduct that unreasonably interferes with a person’s work or creates an intimidating or hostile work environment. Occasional or isolated incidents, offhand comments or simple teasing does not rise to the level of prohibited Title VII harassment. It becomes illegal harassment when the behavior or actions are frequent or serious enough to create a hostile work environment, or if it results in the victim being fired or demoted.
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