TUSCARORA YARNS SUED BY EEOC FOR SEXUAL HARASSMENT AND RETALIATION

Yarn Company Suspended Woman for Complaining About Abuse, Federal Agency Charged

CHARLOTTE, N.C. – A North Carolina yarn  manufacturing company violated federal law by subjecting an employee to sexual  harassment and then retaliating against her for com­plaining about it, the U.S.  Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed  today.

In its suit, the EEOC said that from around April 2007 to December 2007,  Tuscarora Yarns, Inc. subjected Lilia Ixtlahuaca Martinez to sexual harassment  by the male then-plant manager at its Oakboro,  N.C., facility. According to the suit, the plant manager  propositioned Martinez  for sex, made unwelcome sexual comments to her, inappropriately touched and  then sexually assaulted her. The  complaint further alleges that when Martinez  complained about the misconduct, Tuscarora Yarns disciplined  and suspended her in retaliation for her complaints. Martinez  worked for Tuscarora Yarns at its Oakboro plant as a linked winder operator for  about two years.

Tuscarora  Yarns employs over 200 people and operates plants in Mt.  Pleasant, Oakboro and China Grove, N.C. The company produces cotton and synthetic and  blended yarns.

“This  case involves unlawful conduct that cannot be tolerated in any workplace: egregious  sexual harassment and sexual assault,” said Tina Burnside, supervisory trial attorney  who is litigating the case for the EEOC.  “All employees have the right to work in an environment that is free  from sexual harassment – and to complain about unlawful behavior without the  fear of retaliation.”

Lynette A. Barnes, the regional attorney for the EEOC’s  Charlotte District Office, added, “This case is particularly troubling because  not only did Tuscarora Yarns’ management fail to deal with a sexual assault, it  punished the victim by removing her from the work force. The EEOC will vigor­ously prosecute cases  where an employer makes a bad situation worse instead of solving it.”

Sexual  harassment and retaliation for complaining about it violate Title VII of the  Civil Rights Act of 1964. The EEOC filed  suit ((Equal Employment Opportunity  Commission v. Tuscarora Yarns, Inc., Civ. No. 1:09-cv-217 in U.S. District  Court for the Middle District of North Carolina) after first attempting to  reach a voluntary settlement. The EEOC  seeks an injunction to stop Tuscarora Yarns from engaging in any employment  practice which discriminates on the  basis of sex or retaliation. The suit  also seeks monetary damages for Martinez.

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