GILROY (BCN) — Allegations of sexual harassment surround a Gilroy business after an employee claimed she was retaliated against for refusing her supervisor’s advances and reporting it, according to a lawsuit filed by a federal agency.
Based on these allegations, U.S. Equal Employment Opportunity Commission officials Tuesday announced that a discrimination lawsuit has been filed against M.A. Jones, Inc., a janitorial contractor in Gilroy.
According to the agency’s lawsuit, M.A. Jones Inc., which also operates as Cleaning Services, violated federal law by allowing a supervisor to sexually harass an employee and firing her for opposing the conduct.
Officials from the agency said an investigation revealed that the employee, Virginia Medina, received sexually explicit comments from her supervisor. The supervisor allegedly took her to an isolated area and attempted to initiate sexual activity.
When Medina rebuffed the advances and reported the harassment to the company’s leadership, officials said, there was no response. She accuses her employer of firing her after three months due to this.
Under federal law, employers are required to prevent and remedy sexual harassment and are prohibited from retaliatory action against employees who report harassment.
William Tamayo, the agency’s San Francisco district director, said the law requires that an employer “take effective and immediate action” in these situations. The agency he works with is tasked with enforcing such laws.
“(Our agency) cannot accomplish its mission of equal employment opportunity unless workers feel secure in their right to speak out against discrimination without the fear of retaliation,” he said.
Jon Peck, an acting regional attorney for the agency, added that defending the civil rights of vulnerable workers is a priority for his agency.
Alluding to Medina, who was born in Mexico, Peck said immigrant women working alone at night in the janitorial industry are particularly vulnerable.
The lawsuit was brought to San Jose’s division of the U.S. District Court for the Northern District of California. An attempt to reach a pre-litigation settlement was unsuccessful.
The agency seeks monetary damages including compensation for emotional distress, lost wages and injunctive relief, including training on anti-discrimination laws.