LR eatery will pay $300,000 to settle discrimination suit

Pei Wei Asian Diner, doing business as Pei Wei Fresh Kitchen, has agreed to pay $300,000 to settle an employment discrimination lawsuit brought against it by the U.S. Equal Employment Opportunity Commission.

The lawsuit, filed Oct. 15, accused the business of subjecting female teens and young adults to sexual harassment and a sexually hostile work environment.

In an order filed Monday evening, U.S. District Judge Kristine Baker approved a consent decree that she said the parties, including a woman who intervened as a plaintiff in December, submitted for her review on Jan. 30 in an effort to resolve the case.

Baker approved the decree and permanently dismissed the case while retaining jurisdiction to enforce its terms.

According to the decree, Pei Wei denies the allegations, maintaining that it has provided equal employment opportunities for all employees and has complied with federal law, but enters into the decree “to avoid the disruption, delay, and expense of litigation.”

Without admitting wrongdoing, the Little Rock restaurant agreed not to engage in any employment practice that violates Title VII of the Civil Rights Act of 1964, to include discriminating against female employees based on their sex, or retaliating against anyone who has filed a charge, given testimony or otherwise participated in any investigation or hearing under Title VII.

The restaurant agreed to amend its current sexual harassment policy within 60 days to require any employee who witnesses sexual harassment to report it to an ethics hot line or a designated website, and to require any employee who believes he or she has experienced sexual harassment to report it through the hot line or the website, or by informing the restaurant manager or district manager.

The restaurant will post telephone numbers for reporting sexual harassment on a common bulletin board and will distribute the amended policy to all Little Rock employees, and obtain a signed acknowledgment that all employees have received it.

The decree also requires the restaurant to develop an investigation manual requiring specific actions by corporate officers under a specific timetable. It also must maintain a detailed log sheet for all complaints of sexual harassment at the Little Rock location and the results of any ensuing investigations.

The company also must conduct harassment training for all non-management and non-supervisor employees within 90 days, with the training to include an overview of Title VII and discussions of what constitutes sex discrimination and sexual harassment, and what the company’s policies, procedures and requirements are.

It also must conduct two hours of training for all supervisors and managers at the Little Rock restaurant, with annual training to follow.

The agreement requires the Little Rock location to pay $150,000 within 30 days of Baker’s order approving the decree, to be followed by a second payment of $100,000 within six months and a third payment of $50,000 within a year.

The restaurant is located at the Mid-Towne Shopping Center at 205 N. University Ave.