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Press Release 09-25-2024

EEOC Sues San Antonio Car Dealerships for Sex-Based Discrimination and Retaliation

New Federal Lawsuit Says Female Employees Subjected to Pervasive Sexist Comments, Disparate Treatment and Retaliatory Firing

SAN ANTONIO – Benson Enterprises, Inc., the operator of multiple automotive dealerships including Ingram Park Chrysler Jeep Dodge Ram, violated federal law by subjecting two female employees to sex-based discrimination, harassment, and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed in federal court today.

The EEOC’s lawsuit claimed a male manager for Ingram Park Chrysler Jeep Dodge Ram created and maintained a hostile work environment by subjecting a female fleet service advisor to pervasive and unwanted sexist comments degrading to women. The manager also directed clients away from the fleet service advisor and excluded her from important communications regarding business operations – resulting in a loss of sales and negatively affecting her commission-based compensation.

Additionally, the suit claims the manager excluded the fleet service advisor and another female employee from a group chat he organized with male service advisors, where he exclusively announced competitions for monetary bonuses. As a result, both women were denied opportunities to compete and receive bonuses. After the fleet services advisor reported the discriminatory treatment to multiple managers and the human resources department, the dealership fired her.

Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, and further prohibits employers from retaliating against employees who attempt to assert their right to report what they reasonably believe is discriminatory treatment. The EEOC filed suit in Civil Action No. 5:24-cv-01072, in U.S. District Court for the Western District of Texas, San Antonio Division, after attempting to reach a pre-litigation settlement through its conciliation process. In this case, the EEOC seeks compensatory damages and punitive damages for the two female service advisors, as well as back pay, and reinstatement or front pay for the fleet service advisor who was fired in retaliation for complaining.

“Equality is an important tenet of our democracy, and no woman should have to work in an environment that is hostile to her based on her sex,” said EEOC Trial Attorney Brian Hawthorne. “The EEOC will vigorously defend employees’ right to work in a place free from discrimination and retaliatory conduct.”

Robert Canino, regional attorney for the EEOC’s Dallas District Office, said, “If employees are experiencing what they believe to be unlawful employment practices, it should be safe to bring those matters to the attention of management or HR. Complaints of discrimination should be reviewed for possible correction and prevention without fear of repercussions for the employee that complained.”

For more information on sex-based discrimination, please visit www.eeoc.gov/sex-based-discrimination. Additionally, for more information on anti-retaliation protections, please visit www.eeoc.gov/retaliation.

The San Antonio Field Office is part of the EEOC’s Dallas District Office which is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Texas and parts of New Mexico.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.