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Del Taco to pay $1.25 million to settle sexual harassment lawsuit

The company must also monitor, review and revise its policies and procedures on discrimination, harassment and retaliation.

Del Taco, LLC will pay $1,250,000 and provide additional relief to settle a sexual harassment lawsuit against female employees at locations in Rancho Cucamonga, Pomona, Ontario and Upland, federal regulators announced Wednesday. (Photo by Stan Lim, The Press-Enterprise/SCNG)
Del Taco, LLC will pay $1,250,000 and provide additional relief to settle a sexual harassment lawsuit against female employees at locations in Rancho Cucamonga, Pomona, Ontario and Upland, federal regulators announced Wednesday. (Photo by Stan Lim, The Press-Enterprise/SCNG)
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Lake Forest-based Del Taco will pay $1,250,000 to settle a lawsuit alleging sexual harassment against female employees at the company’s Rancho Cucamonga-area locations, federal regulators said Wednesday.

A filing from the U.S. Equal Employment Opportunity Commission alleges Del Taco’s general manager and shift leader at stores in Rancho Cucamonga, Pomona, Ontario and Upland sexually harassed young female workers almost daily by subjecting them to unwelcome physical contact, propositions for sex and vulgar comments.

When the female workers complained to the company’s human resources department, the Del Taco failed to adequately respond to their complaints or stop the harassment or retaliation, the U.S. Equal Employment Opportunity Commission said. 

Employee Katelyn Mejia alleges her shift leader described his favorite sexual position and made numerous comments to her including, “you are hot” and “you are sexy.”

The behavior was so prevalent, the agency said, that other male employees felt free to engage in sexual harassment as well.

On June 7, 2018, the EEOC issued a letter of determination to the fast-food chain, finding reasonable cause to believe Mejia was sexually harassed, retaliated against and later fired in violation of Title VII of the Civil Rights Act of 1964.

Another female worker who was 17 at the time alleges her male shift leader called her “his girl” and told her to “drop it like it’s hot” and “dance for me, baby.” Another employee claimed a shift leader would brush up against her and hold on to her and other female co-workers’ hips and shoulders.

When female workers complained to the company’s human resources department, the company failed to adequately respond to their complaints or stop the harassment or retaliation, the EEOC said.

The hostile work environment left some workers feeling they had no choice but to quit, the agency said.

The EEOC filed suit in U.S. District Court for Central District of California after first attempting to reach a pre-litigation settlement.

In a statement issued Wednesday, Del Taco Restaurants said the safety and well being of its employees are “top priorities” and that the company takes harassment allegations seriously.

“We fully cooperated with the EEOC throughout its investigation and the matter has been resolved,” the company said. “In addition, we completed an internal investigation and took appropriate measures.”

In addition to monetary relief, Del Taco must retain an Equal Employment Opportunity monitor and review and revise its policies and procedures on discrimination, harassment and retaliation. The company must also create a structure for employees to report discrimination and harassment.

The company will be required to provide training to all employees on anti-discrimination laws, with an emphasis on sexual harassment.

“Young employees may be especially vulnerable to workplace harassment,” said Rosa Viramontes, who heads the EEOC’s Los Angeles district office. “It is important for employers to recognize this and create policies and practices that ensure a safe and harassment-free work environment.”