By Godson Umejiego, Bureau Chief, The Americas

Two companies involved in the sale, production, and/or distribution of Asian food products, Pacific Culinary Group, Inc. and CB Foods, Inc., violated federal law when they failed to prevent and correct ongoing sexual harassment and retaliation, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed recently.

According to the EEOC’s lawsuit, since at least 2020, Pacific Culinary and CB Foods subjected both female and male workers at their Monterey Park, California location to ongoing verbal and physical sexual harassment. The harassment, allegedly perpetrated by their chief operating officer, included but was not limited to, frequent and offensive unwanted groping and touching of their bodies, unwelcome sexual advances and comments about their appearance, and inappropriate questions about employees’ sexual preferences and sexual activities. Despite having received multiple complaints of the sexual harassment, the companies failed to take prompt and effective action, and the sexual harassment continued. The EEOC also said when employees objected to or reported the harassment, they were retaliated against with further harassment and/or by discipline, including termination. The unlawful employment practices resulted in intolerable working conditions, compelling some of the workers to quit.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrim­ination on the basis of sex and retaliation. The EEOC filed suit in US District Court for the Central District of California (Case No.: 2:23-cv-03018) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC’s suit seeks compensatory and punitive damages for a class of aggrieved individuals, as well as injunctive relief intended to prevent and correct discrimination.

“The EEOC continues to see employers failing to address and properly remedy harassment in the workplace, despite repeated employee complaints. Failing to correct harassment opens employers up to liability and tells others such behavior is condoned in the workplace,” said  regional attorney with the Los Angeles district of the EEOC, Anna Park. “The EEOC will continue to vigorously enforce anti-discrimination laws to shine a light on and stop harassment and retaliation.”

“Employers should embrace the opportunity to address harassment and discrimination when it is reported to them. Retaliation chills others from coming forward and creates a work culture that adversely affects all employees, thereby negatively affecting the company’s brand and bottom line, said Los Angeles District Director Christine Park-Gonzalez. “Addressing such complaints in a timely, fair, and effective manner will benefit all employees.”      

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.