The U.S. Equal Employment Opportunity Commission



Property Service Company Disciplined a Group of Latino Employees, Falsely Assuming They Attended Immigration Rally, Federal Agency Charged

SAN DIEGO, Calif. – ResCom Services, Inc., a Vista, Calif.-based property service company, will pay $115,000 and furnish other relief to settle a national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that Latino employees were discriminated against when ResCom disciplined them for being absent from work on May 1, 2006, the day of a “May Day” immigration rally.

The EEOC filed suit after investigating a discrimination charge filed by Latino employee Elvis Lopez, who was suspended from ResCom’s San Diego facility after his supervisor assumed he had missed work to attend the immigration rally. In addition to Lopez, the EEOC identified two additional current and former Latino employees who were also disciplined, one even being terminated, for their absence on the day of the rally when ResCom subjected them to false assumptions based on stereotypes shaped by their national origin. ResCom had previously established a policy prohibiting its majority Latino workforce from attending the rally. All three employees had either received pre-approval for their absence or had notified a supervisor in advance of their absences, none of which were related to the rally.

National origin discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement.

In addition to the $115,000 in monetary relief, a three-year consent decree settling the suit will also ensure that (1) employees receive annual training regarding national origin discrimination; (2) ResCom will closely track any future complaints to conform to its obligations under Title VII; and (3) the company will provide annual reports to the EEOC regarding its employment practices.

“The days when employers make decisions based on stereotypes and assumptions shaped by the race and national origin of their employees should be far behind us,” said Anna Park, the regional attorney for the EEOC’s Los Angeles District Office.

Thomas McCammon, the EEOC's San Diego local director, added, “Managers working with employees from diverse backgrounds are at the forefront of bridging the gaps that divide us. The Commission remains committed to working with employers to succeed in this shared goal.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at

This page was last modified on July 13, 2009.

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