Harassment

James Mitsubishi Hamburg Agrees to Pay $110,000 to Settle EEOC Sexual Harassment Lawsuit

James Cares of Hamburg, LLC, d/b/a James Mitsubishi Hamburg, and its parent company, James Auto Management, LLC (“James Mitsubishi Hamburg”), an auto dealership with locations in Rome and Greece, New York, agreed to pay $110,000.00 and provide other relief to settle a lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”).

According to a lawsuit filed on June 24, 2020, by the EEOC in the U.S. District Court for the Western District of New York (Docket Number: 1:20-cv-00780), the general manager of James Mitsubishi Hamburg violated Title VII of the Civile Rights Act of 1964 by sexually harassing two female employees. Specifically, throughout their respective employments, he made numerous unwanted sexual advances and comments about their bodies such as calling them “hot” and asking them to join him in his hotel room. Additionally, the lawsuit also claims that the manager would mime sex acts in front of a female employee and told her he imagined waking up next to her in bed, and propositioned sex. Moreover, the manager engaged in inappropriate physical contact with female employees, including giving unwelcomed massages and attempting to kiss them without consent. Worse, the manager encouraged numerous employees to look and comment on their bodies normalizing a company culture of sexual harassment. Despite their numerous complaints, this behavior continued unabated. The regular and unceasing harassment became so intolerable that one female employee could not go to work any longer, and she resigned from her position in June 2018.

On February 8, 2021, the Honorable Lawrence J. Vilardo approved a three-year Consent Decree in which James Mitsubishi Hamburg will pay $110,000.00 in monetary damages to the two former female employees. Additionally, James Mitsubishi Hamburg will modify its current sexual harassment policy by offering employees additional options for reporting harassment, including a toll-free complaint hotline, implement a new company wide policy and training for employees, and file regular reports with the EEOC throughout the three-year decree period. Moreover, James Mitsubishi Hamburg agreed to issue a written disciplinary warning to the manager and provide him with one-on-one sexual harassment prevention training.

If you believe you have been the victim of sexual harassment, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.

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Borrelli & Associates

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