Three woman are splitting a $245,000 federal sexual-harassment lawsuit award. An attorney for the U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of the federal lawsuit yesterday against Roy’s Poipu Bar and Grill. Roy’s is owned by RY-4, Inc.,
Three woman are splitting a $245,000 federal sexual-harassment lawsuit award.
An attorney for the U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of the federal lawsuit yesterday against Roy’s Poipu Bar and Grill. Roy’s is owned by RY-4, Inc., and made popular by the chef the restaurants are named for, Roy Yamaguchi.
The lawsuit alleged that restaurant owners and managers ignored complaints by three female employees about persistent and egregious sexual harassment by a former manager in 1998 and 1999.
“Our investigation revealed that one of the victims was touched inappropriately, while the other two were propositioned sexually,” said EEOC Regional Attorney William R. Tamayo.
“The facts (of the investigation) enabled us to settle the case quickly,” Tamayo said. “This case was particularly serious because our investigation revealed that several employees were harassed by the former manager for a lengthy period of time.”
Under the terms of a consent decree approved by U.S. District Judge Susan Oki Mollway, owners and operators of Roy’s Poipu Bar and Grill denied any wrongdoing, but agreed to “settle the lawsuit in order to avoid protracted and costly litigation of the matter.”
“Roy’s has a firm policy against sexual harassment,” said RY-4 Vice President Terry Lee. “The EEOC has agreed that it was the correct one. The company’s management terminated the harasser as soon as the three employees reported his alleged behavior to them.
“Two of the employees who complained continue to work at the Po’ipu restaurant,” Lee said. “The third took pregnancy leave before she brought her concerns to company attention.
“The company has not admitted doing anything wrong. It entered into the settlement to avoid time- consuming and costly litigation.”
Company leaders agreed to pay a total of $245,000 to the three female employees, and to train its officers, supervisors and employees in prevention and appropriate response to sexual harassment, in an effort to prevent future discrimination.
“The commission alleged in federal court that ongoing harassment created a hostile environment not just for the complainants, but for others as well,” said Tamayo. “This early settlement is a good result which allows these women to move on with their lives, and to ensure that future employees at Roy’s are safeguarded from harassment.”
The three women were permitted to intervene in the lawsuit, and were represented by Kaua’i attorneys Susan Marshall and Daniel Hempey.
“The matter is resolved and concluded,” said Marshall.
EEOC District Direct Director H. Joan Ehrlich commended Roy Yamaguchi, the principal owner of the restaurant, for working with the EEOC in reaching a “fair and reasonable settlement of this lawsuit, and for reaffirming his commitment in eradicating sex discrimination and harassment in his restaurant.”
Ehrlich added, “Strong EEO policies, supervisor accountability and training; these send the message that sexual harassment will not be tolerated. When employees are clear on how to complain about sexual harassment, and when management is committed to an effective and prompt response, everyone wins.
“Employers can fix this. They can put a stop to this. But they have to have a zero-tolerance policy. They can’t let their employees get abused.”
EEOC Honolulu Local Office Director Timothy Riera added, “Given that the majority of tourist service-industry workers are women, it is especially critical for employers in this sector to send a clear message to managers and staff alike, that sexual harassment will not be tolerated.”
Business Editor Barry Graham may be reached at 245-3681 (ext. 251) or mailto:bgraham@pulitzer.net.
