In Fresno, a wholesale chain store owned and operated by Walmart has agreed to pay $440,000 in order to settle a national origin harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in behalf of at least 9 Hispanic employees.

According to the EEOC, nine Sam’s Club employees of Mexican descent along with another worker who was married to a Mexican were subjected to ethnic slurs and derogatory remarks by a co-worker who is Mexican-American. The victims and the harasser were all working in the demonstration department and the harassment began as far back as 2005 wherein the victims were insulted, called derogatory names, and were told that they were only good for cleaning homes. The female harasser also threatened to report 3 of the victims to immigration authorities despite their legal status.


When the victims complained to the management about the hostile work environment by April 2006, the harassment only intensified which intimidated the employees. It wasn’t until an official discrimination charge was filed by the EEOC did Sam’s Club discharge the harasser.

Walmart was sued by the EEOC because the national origin harassment and Sam’s Club’s failure to address and solve the problem is in violation of Title VII of the Civil Rights Act of 1964.

According to the EEOC director of its Fresno office, national origin discrimination is indeed a serious problem in the region. Discrimination and harassment can occur even within the same ethnic group but it is important for employers to take immediate corrective action in order to prevent others from doing the same. As stated by Anna Park, the regional attorney for EEOC’s Los Angeles District Office, “A work environment that if free of harassment ensures a productive and vibrant workplace for all.”

Under the law, it is illegal for employers to treat applicants or employees unfavorably because of their national origin which may be based on any of the following:

• That they are from a particular country or part of the world
• Because of their ethnicity or accent
• That they appear to be of a certain ethnic background (even if they are not)
• That they are married to or associated with a person of a certain national origin

To learn more about national origin discrimination and harassment o to http://www.mesrianilaw.com or call the Mesriani Law Group at their toll free number at 1-866-325-4529 or email them at info@mesriani.com.