The San Antonio property is facing charges for allegedly creating a hostile working environment for its Hispanic employees. Court documents said one manager used an ethnic slur when addressing employees in the banquet department and that at least two dozen Spanish speakers were barred from speaking Spanish, while employees of other nationalities were allowed to speak their native languages. La Cantera’s management is disputing the allegations.
The U.S. Equal Employment Opportunity Commission (EEOC) filed suit on September 24th against La Cantera Resort and Spa in San Antonio, Texas for discrimination and retaliation, reported Texas Public Radio.
The civil action said managers with La Cantera’s parent company, Destination Hotels and Resorts and DH San Antonio Management, were verbally abusive towards Hispanic employees.
The lawsuit said the claimants are seeking monetary damages, Texas Public Radio reported. Javier Espinosa, who represents 23 of the 25 listed claimants, said they are pursuing the maximum penalty of $300,000 per claimant, lawyers’ fees, and punitive damages assessed by the judge.
Court documents said one manager called employees in the banquet department “Mexican Spics,” and at least two dozen Spanish speakers were barred from speaking Spanish, while employees of other nationalities were allowed to speak their native languages.
When workers complained about perceived discriminatory behavior, the lawsuit said they were punished through demotions and terminations, with some replaced by non-Hispanic workers, reported Texas Public Radio.
According to court documents, one Destination Hotels human resources director told workers, “This is America, so speak English. What’s the problem?”
“Attitude reflects leadership,” Espinosa said. “When the leadership is putting out that kind of attitude, it’s emboldened everybody to pursue this discriminatory policy.”
Destination Hotels took over La Cantera in December 2013, and the lawsuit said the abusive behavior against employees—all of whom worked in the banquet department—began in September 2014, Texas Public Radio reported.
“There was never a policy that prohibited associates from speaking Spanish or any other language,” said John Spomer, Vice President and Managing Director of La Cantera, who said the company is aware of the allegations from 2014-2015 and disputes them. “Associates have been and are encouraged to converse with our customers and each other in language that is mutually understood.”
According to Spomer, currently, 84 percent of the La Cantera banquet department is made up of racial and ethnic minorities, most of whom speak Spanish, Texas Public Radio reported.
“We do not tolerate discrimination, harassment, or retaliation in any form,” said Spomer, who said La Cantera was served with only one other EEOC lawsuit in its history, and it didn’t pertain to national origin.
According to lawyers for the workers, many of the claimants worked at La Cantera for a decade or more and the behavior was a sea-change in the organization, Texas Public Radio reported.
Workers started filing EEOC complaints in July 2015, Texas Public Radio reported, and in the course of a two-year investigation, the EEOC found that many employees had been subjected to additional scrutiny and discipline as a result of voicing concern over poor treatment, reported Texas Public Radio.
According to the court documents, Tomas Galvan participated in an October 2014 meeting with human resources, discussing concerns about the “English-only” policy, as well as intimidation and a hostile workplace, Texas Public Radio reported. He received three “unwarranted” disciplinary notices in two months and was forced to resign in January 2015.
EEOC lawyers said the actions violate Title VII of the Civil Rights Act of 1964 and want damages paid to affected workers, as well as their jobs back and mandated training to prevent future violations at La Cantera, Texas Public Radio reported.
“I’ve never in my 16 years of my practicing had the EEOC file [an action] like this,” Espinosa told Texas Public Radio. Usually, he explained, the EEOC conducts an investigation and then gives a group a “right to sue” letter that allows for a civil suit. But in this case, EEOC took the lead and filed the suit itself, and will allow Espinosa’s clients to join.
On its website, EEOC lists nine cases where “national origin” was listed as a portion of a lawsuit that was filed or settled, reported Texas Public Radio. Settlements ranged from $3.75 million in the case of Koch Foods to a $150,000 settlement from a New Jersey car dealership.
Espinosa said it will be next summer before a trial begins, Texas Public Radio reported. Despite the four years that have elapsed, he added, his clients remain motivated and for them, this is about sending a message.
“All of them have kids or grandkids,” Espinosa said. “ They say, ‘We don’t want this to ever happen to them. We don’t want the humiliation we faced to happen to them.’ ”
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