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Press Release 10-06-2009

Arizona Logistics Sued by EEOC for Sexual Harassment and Retaliation

Allegations Include Supervisor Exposing Himself to Female Employees

PHOENIX – A Houston-based delivery company doing business in Arizona violated federal law by subjecting female employees to egregious verbal and sexual harassment and then punishing them for complaining, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC's suit against Arizona Logistics, Inc, doing business as Delivery Logistics and Deliver Logistics, Inc., (CIV XXX), management failed to take appropriate action to eradicate the harassment, although it was aware of it. The agency charged that in one instance, a supervisor exposed himself to a female subordinate employee, and in another instance the same supervisor demanded sexual acts from a female subordinate after threatening to terminate her spouse's employment. There are several more allegations of harassment at issue in this case, including the rape of a female employee. The victims complained to management and some were subsequently terminated as retaliation.

"This outrageous sexual harassment was bad enough, but the company compounded its culpability by retaliating against the victims," said EEOC Acting Chairman Stuart J. Ishimaru. "Employers need to understand they must address sexual harassment complaints promptly and effectively."

Such alleged conduct, both sexual harassment and terminating employees after they complain about it, violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment) and national origin.

"This is one of the most disturbing cases of sexual harassment we have seen in this office," said Regional Attorney Mary Jo O'Neill of the EEOC's Phoenix District Office. "This supervisor engaged in grotesque acts of sexual harassment and assault and then management sanctioned the conduct by terminating the women after they complained."

Acting Director Rayford O. Irvin of the Phoenix District Office added, "The conduct at issue in this case is grossly offensive, and it is unfortunate that these victims continued to suffer and the employer failed to take appropriate action to put an end to this wrongdoing. The EEOC commends these brave victims for stepping forward and complaining about their employer. Employers must prevent this conduct from occurring."

The EEOC is responsible for enforcing the nation's laws prohibiting employment discrimination based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. EEOC's Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico (including Albuquerque). Further information about the EEOC is available on its web site at www.eeoc.gov.