On Tuesday, the EEOC and Simon Property Group, Inc., owner of the Forum Shops located at Caesars Palace, filed a proposed stipulated settlement of claims regarding discrimination of Hispanic janitors. The janitors, who filed their lawsuit in July of 2009,  alleged that Simon Property Group violated provisions of Title VII by subjecting the Janitors to harassment, discrimination and a hostile work environment because of their national origin.  Simon Property Group denied the allegations and claimed they addressed the problem before the lawsuit had even been filed.

As part of the settlement decree filed in the US District Court, District of Nevada Simon Property will, among other stipulations, be required to do the following:

  • Pay $125,000.00 to the EEOC to be allocated to the janitors;
  • To not harass or tolerate harassment against employees on the bases of their national origin or to engage in any action, policy or practice that is intended or is known to have the effect of harassing or intimidating any employee on the basis of national origin.
  • To not retaliate against employees who have made complaints of discrimination.
  • To create and distribute policies to its employees of anti-discrimination, anti-harassment, and anti-retaliation in the workplace.
  • To ensure that its employees are properly trained in such policies.
  • To implement a system of tracking and reporting complaints of discrimination, harassment, and retaliation, including the implementation of investigative measures into complaints.
  • To post a notice of the Consent Decree in a clearly visible location, frequented by employees, within ten (10) days of the settlement.

The EEOC is going to appoint a coordinator to monitor Simon Property Group's compliance with these requirements.