The U.S. Equal Employment Opportunity Commission filed a federal lawsuit Wednesday against Scalo Restaurant, alleging the Albuquerque establishment’s male managers sexually harassed female employees and then retaliated against workers who complained about the abuse.
The lawsuit, filed in U.S. District Court for the District of New Mexico, accuses the Nob Hill restaurant of allowing years of harassment that included unwanted touching, vulgar comments and managers discussing their sex lives in graphic detail with female staff.
According to a message on its website last week, Scalo has been shut down for renovations since June 15 and is expected to “reopen under new ownership in a few weeks.”
That appears to not be the case any longer as a new message popped up on Scalo’s site Tuesday announcing the restaurant has closed its doors.
“After nearly 40 years of operation, time has come for Scalo to close its doors.
We were trying to keep this Scalo flame alive by operating it at a loss and still trying to find a new buyer to take it over,” the message reads. “Unfortunately, we had no success in that pursuit and we were forced to shut down. So long and thanks for all the memories!”
According to the EEOC complaint, two male managers subjected female employees to “relentless sexual harassment” that included making crude remarks about customers and staff, physically touching workers without consent and repeatedly asking female employees to meet after work. In one alleged incident, a manager reduced an employee’s hours and offered to restore them in exchange for sex.
Despite complaints from female staff, Scalo Restaurant failed to take adequate action to stop the harassment, the EEOC alleges. Instead, the company retaliated against employees who spoke out by firing them or cutting their work hours, allowing the abusive behavior to continue.
“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.”
The allegations violate Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination, sexual harassment, and workplace retaliation. The EEOC pursued the lawsuit after attempting to reach a settlement through its standard administrative process.
“Workers who reject or otherwise oppose the harasser’s conduct are protected by the anti-retaliation provision of Title VII,” said EEOC Phoenix District Director Melinda Caraballo. “This case highlights the importance of protecting workers who experience harassment from retaliation at the hands of the harasser.”
The case, filed as EEOC v. VinoCibo LLC d/b/a Scalo Restaurant, seeks unspecified damages and court orders to prevent future discrimination. Scalo Restaurant could not be reached for comment.