Case 2:11-cv-00383-JAT Document 1 Filed 02/28/11 Page 1 of 6

Mary Jo O’Neill, AZ Bar #005924

1 Andrea G. Baran, MO Bar #45620
Hillary K. Valderrama, TX Bar #24075201
2 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
3 Phoenix District Office
3300 N. Central Ave., Suite 690
Phoenix, Arizona 85012
4
Telephone: (602) 640-4988
Fax: (602) 640-5009
5 Email: mary.oneill@eeoc.gov
andrea.baran@eeoc.gov
6 hillary.valderrama@eeoc.gov

7 Attorneys for Plaintiff

8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE DISTRICT OF ARIZONA
10

11
Equal Employment Opportunity )
12
Commission, )
13 )
Plaintiff, )
14
) COMPLAINT
15 vs. )
) JURY TRIAL DEMAND
16
Gala AZ Holdings, Inc., d/b/a Del Taco, )
17 a California corporation, )
)
18
Defendant. )
19 _________________________________ )
20

21 NATURE OF THE ACTION

22

23 This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the
24
Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex
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and retaliation and to provide appropriate relief to Adriana Lopez, who was adversely
26

27 affected by such practices. As alleged with greater particularity below, the Equal
28 Employment Opportunity Commission alleges that Defendant, Gala AZ Holdings, Inc.,
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discriminated against Ms. Lopez by allowing another employee to sexually harass her,

2 without taking appropriate steps to address the behavior. The harassment created a
3
hostile work environment for Ms. Lopez. The Commission also alleges that Defendant
4
suspended and then terminated Ms. Lopez in retaliation for complaining to management
5

6 about the sexual harassment.

7
JURISDICTION AND VENUE
8

9
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,
10
1337, 1343 and 1345. This action is authorized and instituted pursuant to Section
11

12 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
13
2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42
14
U.S.C. §1981A.
15

16 2. The employment practices alleged to be unlawful were committed within

17 the jurisdiction of the United States District Court for the District of Arizona.
18

19
PARTIES

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3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of
21

22
the United States of America charged with the administration, interpretation, and

23 enforcement of Title VII, and is expressly authorized to bring this action by Section
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706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
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4. At all relevant times, Defendant Gala AZ Holdings, Inc. has continuously
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27 been a California corporation doing business in the State of Arizona and the City of
28
Glendale and has continuously had continuously had at least fifteen (15) employees.

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5. At all relevant times, Defendant Gala AZ Holdings, Inc. has continuously

2 been an employer engaged in an industry affecting commerce under Sections 701(b), (g)
3
and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
4
6. At all relevant times, Defendant has been a covered entity under Section
5

6 701(b) of Title VII, 42 U.S.C. § 2000e(b).

7
STATEMENT OF CLAIMS
8

9
7. More than thirty days prior to the institution of this lawsuit, Ms. Lopez filed
10
a charge with the Commission alleging violations of Title VII by Defendant Gala AZ
11

12 Holdings, Inc. All conditions precedent to the institution of this lawsuit have been
13
fulfilled.
14
8. On or about March 2009 through April 2009, Defendant Gala AZ Holdings,
15

16 Inc. engaged in unlawful employment practices at its Glendale, Arizona facility in

17 violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), because of sex by

18
allowing another employee, Arturo Yañez, to subject Ms. Lopez to sexual harassment
19

20
that altered the terms and conditions of her employment and created a hostile work

21 environment. The sexual harassment that Defendant allowed to occur included:

22
(a) Mr. Yañez grabbing or attempting to grab Ms. Lopez’ buttocks and breasts;
23

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(b) Mr. Yañez making verbal remarks of a sexual nature, including “where do you

25 hide your butt?” and “is that butt yours?”;

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(c) Mr. Yañez repeatedly propositioning Ms. Lopez and requesting her to allow
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him to masturbate while viewing her buttocks; and
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(d) Mr. Yañez masturbating in Ms. Lopez’s presence.

2 9. Upon information and belief, Mr. Yañez was an assistant manager at

3
Defendant’s Glendale location.
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10. Defendant knew or should have known that Ms. Lopez was being subjected to
5

6 unlawful sexual harassment by Mr. Yañez.

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11. Defendant failed to act reasonably to prevent or correct the sexual harassment
8
by Mr. Yañez.
9

10 12. On or about April 7, 2009, Defendant Gala AZ Holdings, Inc. engaged in

11
unlawful employment practices at its Glendale, Arizona facility in violation of Section
12
704 of Title VII, 42 U.S.C. § 2000e-3(a), by taking materially adverse actions against her
13

14 because she engaged in protected activity:

15 (a) On or about April 7, 2009, Ms. Lopez told Defendant’s general and district
16
managers about Mr. Yañez’s unwelcome sexual comments, touching and masturbating;
17

18 (b) On or about April 7, 2009, Defendant suspended Ms. Lopez without pay and

19 then terminated her employment because of her complaint.

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13. The effect of the practices complained of in paragraphs (8) and (12) above has
21

22
been to deprive Ms. Lopez of equal employment opportunities and otherwise adversely

23 affect her status as an employee because of her sex.

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14. The unlawful employment practices complained of in paragraphs (8) and (12)
25
above were intentional.
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27

28

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15. The unlawful employment practices complained of in paragraphs (8) and (12)

2 above were done with malice or with reckless indifference to the federally protected
3
rights of Ms. Lopez.
4
PRAYER FOR RELIEF
5

7 Wherefore, the Commission respectfully requests that this Court:

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A. Grant a permanent injunction ensuring compliance with Title VII, and
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enjoining Defendant Gala AZ Holdings, Inc., its officers, successors, assigns, and all
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11 persons in active concert or participation with it, from engaging in retaliation, harassment
12
of employees because of sex, and any other employment practice which discriminates on
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the basis of sex.
14

15 B. Order Defendant Gala AZ Holdings, Inc. to institute and carry out policies,

16 practices, and programs which provide equal employment opportunities for women, and
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which eradicate the effects of its past and present unlawful employment practices.
18

19
C. Order Defendant Gala AZ Holdings, Inc. to make whole Ms. Lopez by

20 providing compensation for past and future pecuniary losses resulting from the unlawful
21
employment practices described in paragraphs (8) and (12) above, including but not
22

23
limited to mitigation expenses, in amounts to be determined at trial, and other affirmative

24 relief necessary to eradicate the effects of Defendant’s unlawful employment practices.

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D. Order Defendant Gala AZ Holdings, Inc. to make whole Ms. Lopez by
26
providing compensation for past and future non-pecuniary losses resulting from the
27

28 unlawful employment practices complained of in paragraphs (8) and (12) above,

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including but not limited to emotional pain, suffering, mental anguish, inconvenience,

2 loss of enjoyment of life, and humiliation, in amounts to be determined at trial.

3
E. Order Defendant Gala AZ Holdings, Inc. to pay punitive damages to Ms.
4
Lopez for its malicious conduct or reckless indifference, as described in paragraphs (8)
5

6 and (12) above, in an amount to be determined at trial.

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F. Grant such further relief as this Court deems necessary and proper in the
8
public interest.
9

10 G. Award the Commission its costs of this action.

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12 JURY TRIAL DEMAND

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The Commission requests a jury trial on all questions of fact raised by its
14
complaint.
15

16 RESPECTFULLY SUBMITTED this 28th day of February, 2011.

17
MARY JO O’NEILL
18
Regional Attorney
19
ANDREA G. BARAN
20
Supervisory Trial Attorney
21
s/ Hillary K. Valderrama
22
HILLARY K. VALDERRAMA
23 Trial Attorney
24
EQUAL EMPLOYMENT OPPORTUNITY
25 COMMISSION
Phoenix District Office
26 3300 N. Central Ave., Suite 690
Phoenix, AZ 85012
27
(602) 640-4988
28
Attorneys for Plaintiff

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