EEOC Sues Scalo Restaurant for Sexual Harassment and Retaliation

ALBUQUERQUE, N.M. – Scalo Restaurant, an Albuquerque restaurant located in the city’s Nob Hill neighborhood, violated federal civil rights laws when its male managers sexually harassed female employees and then retaliated against those female workers who spoke out against the abusive conduct, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, two male managers 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 allegedly 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.

Finally, Scalo 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.

“Sexual harassment in the workplace requires an employer to take action swiftly,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office. “Failure to act on this kind of misconduct is a serious violation of federal law, and the EEOC is committed to ensuring all workers can do their jobs free from harassment and discrimination.”

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment, and retaliation. The EEOC filed suit (EEOC v. VinoCibo LLC d/b/a Scalo Restaurant, Case No. 1:25-cv-00613-SCY-DLM) in U.S. District Court for the District of New Mexico after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

EEOC Phoenix District Director Melinda Caraballo said, “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.”

For more information about sexual harassment, visit: https://www.eeoc.gov/sexual-harassment. To learn more about retaliation: https://www.eeoc.gov/retaliation.

The EEOC’s Phoenix District Office has jurisdiction over complaints in Arizona, Colorado, Utah, Wyoming and part of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.