Labor & Employment Law Daily Wrap Up, EEOC NEWS—Employers in New Mexico, Indiana, Michigan sued for male sexual harassment of female workers, (Aug 1, 2025)

By Pamela Wolf, J.D.

A male manager allegedly reduced an employee’s hours and offered to give her more scheduled hours if she had sex with him.

In separately announced new lawsuits, the EEOC challenged employers in New Mexico, Indiana, and Michigan with claims of sexual harassment and retaliation, a sexually hostile work environment, and sexual harassment, respectively. The harassment of female workers (some only teenagers) that allegedly took place in two unrelated restaurants and a manufacturing plant, included both inappropriate and offensive comments and physical touching, including by male managers.

Male managers sexually harassed female workers. Scalo Restaurant, an Albuquerque restaurant located in the city’s Nob Hill neighborhood, violated Title VII when its male managers sexually harassed female employees and then retaliated against female workers who spoke out against the abusive conduct, according to a new EEOC lawsuit. Two male managers allegedly subjected female employees to relentless sexual harassment, including vulgar comments about female customers and employees, physically touching female employees without their consent, loudly and graphically discussing their sex lives and sexual preferences, and repeatedly asking female workers to meet after work. A male manager also purportedly reduced an employee’s hours and offered to give her more scheduled hours if she had sex with him. Some female employees complained about harassment, but Scalo to failed to take adequate corrective action, the EEOC asserted.

Retaliation for complaining. Further, Scalo allegedly retaliated against some female employees by terminating them or reducing their hours after they objected to the male managers’ harassment, allowing the abuse to continue for years.

“Workers who reject or otherwise oppose the harasser’s conduct are protected by the anti-retaliation provision of Title VII. This case highlights the importance of protecting workers who experience harassment from retaliation at the hands of the harasser,” said EEOC Phoenix District Director Melinda Caraballo.

The EEOC filed its lawsuit in the District of New Mexico; the case is No. 1:25-cv-00613-SCY-DLM.

Trapping women to sexually harass them.According to the EEOC, Bossman Tacos, LLC, dba Boss Man Tacos, violated Title VII at its Highland, Indiana, restaurant by subjecting female employees to a hostile work environment because of their sex. Since at least November 2021, Boss Man Tacos allegedly knew that its head chef and other male cooks were sexually harassing its female servers, some of whom were teenagers, but allowed the harassment to continue. The purported harassment included trapping women in restrooms and walk-in refrigerators in order to make unwanted sexual advances, touching them inappropriately, propositioning women for sex, and making lewd and offensive sexual jokes and comments. The harassment was so severe that some employees felt compelled to quit, the EEOC said.

The EEOC brought its lawsuit in the Northern District of Indiana, Hammond Division; the case is No. 2:25-cv-00316.

Repeated complaints of sexual harassment. The EEOC alleged that East Jordan Plastics, Inc., a manufacturer of plastic horticultural containers, violated Title VII by subjecting female production employees to sexual harassment before taking untimely remedial action. Female employees at the company’s Beaverton, Michigan, location were sexually harassed by a male co-worker. The harassing conduct included sexually explicit comments and inappropriate touching, the agency’s lawsuit asserted. Because the company allegedly received at least two complaints from different women, it was aware of the harassment, but took no disciplinary action against the male employee. The company finally conducted interviews and terminated the harasser, but only after yet another woman complained, the EEOC said.

“Several complaints should not be necessary to convince an employer that sexually charged misconduct is taking place and needs to be addressed,” said EEOC Regional Attorney Kenneth Bird. “An employer must take seriously the first complaint of harassment that it receives.”

The EEOC filed its lawsuit in the Eastern District of Michigan; the case is No. 2:25-cv-12302.

Companies: Scalo Restaurant; VinoCibo LLC; Bossman Tacos, LLC; Boss Man Tacos; East Jordan Plastics, Inc.

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