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When Culture and Anti-Discrimination Laws Clash 
  The Equal Employment Opportunity Commission (EEOC) announced enhanced enforcement efforts in a Korean American community in Southern California on July 1, 2010. As part of its efforts, the EEOC will offer free training for Korean and Korean American employers regarding federal laws against discrimination and sexual harassment in the workplace.
The announcement came after settling a sexual harassment case filed against a Korean restaurant in the area. The EEOC sued the Korea-based food company that owns the Los Angeles restaurant and a fast food chain for sexually harassing waitresses. According to the EEOC, the waitresses faced continuous verbal and physical harassment from the restaurant manager. He repeatedly subjected waitresses to unwanted sexual touching including hugging and kissing and touching them with a sexual device. He also forced the women to attend karaoke bars with him after work. In addition to paying $170,000 to settle the claims, the employer will train all employees and post notices in English, Korean and Spanish. The owner also committed to help in outreach efforts to other small businesses in the Korean community. "EEOC to Announce Anti-discrimination Activities in Korean Community," www.eeoc.gov (June 28, 2010); "EEOC Reaches Voluntary Settlement for Sexual Harassment with Koreatown Restaurant," www1.eeoc.gov (July 1, 2010). Commentary and Checklist Title VII of the Civil Rights Act of 1964 protects all employees against discrimination when companies operating in the United States employ them. This is true regardless of where the company is based. A unique fact in this case is that the employer is based in Korea and most, if not all, of the employees involved, including the manager, are Korean. An EEOC spokesman commended the courage of the waitresses who protested the discrimination because breaking through cultural barriers often keeps immigrant workers from asserting their equal employment rights. The EEOC saw a dire need for equal employment opportunity enforcement in the Korean American community. Employers based in different countries with different cultures are not excused from knowing and obeying U.S. employment law. However, it is also clear that employers of immigrants may face greater communication and training challenges when it comes to anti-discrimination policies and procedures. This case exemplifies the need for employers to address the cultural differences within their workplaces. The following checklist should get you started in addressing the protection of your culturally diverse employees:
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July 28, 2010 |
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