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Car wash sued in sex-harassment case

Illinois- An unnamed operator of the Glenview Car Wash has been accused of sexually harassing male employees for several years in a lawsuit filed in federal court by the U.S. Equal Employment Opportunity Commission.

Glenview Car Wash Inc. “vehemently denies the allegation,” said Peter Andjelkovich, a Chicago attorney representing the corporation. “We’re going to defend the matter vigorously.”

The class-action lawsuit was filed Sept. 27 on behalf of three employees.

It doesn’t list any specific allegations, but EEOC officials have said a unnamed male operator kissed and grabbed male employees, followed them into the rest room and repeatedly sexually propositioned them.

“But it didn’t stop there,” charged John Rowe, director of the EEOC’s Chicago district office.

“He propositioned them for sex and offered them money” to sexually grab co-workers and force them into his office.

The lawsuit is aimed at the employer, Glenview Car Wash, at 1820 Waukegan Road.

Business licenses issued annually by the village to Glenview Car Wash since 1989 have listed the owners as Anthony Fillichio Jr. of Evanston and F.K. Cook.

But EEOC attorney Ethan Cohen said the agency can’t confirm whether the operator who’s the target of the complaints has a direct ownership interest.

He is listed with the Illinois Secretary of State’s office as an officer of the car wash, Cohen said.

Andjelkovich said the corporation doesn’t know to whom the lawsuit is referring.

The three workers the lawsuit alleges were victimized — Diego Perez, Fidencio Atimo and Elmer Betencourt — filed complaints with the EEOC in August of 2003.

One of them has since been fired and another quit, according to Cohen, while Andjelkovich said none of the three was fired.

“One of them is still working there. If it’s as harassing as they complain, why is the guy still working there?” Andjelkovich asked.

An investigation convinced Rowe there had been a violation of Title 7 of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, pregnancy or national origin.

The EEOC sued after the agency attempted but failed to resolve the case through its voluntary conciliation process, investigator Nanisa Pereles said.

“Their demands were excessive and unreasonable,” Andjelkovich said of that attempt. “We tried to resolve the matter, but we do not feel there is any guilt involved.”

Cohen said the EEOC has learned of three other workers who claim to be victims of the alleged harassment, which dates back to the 1990s, and expects more investigation to yield more complaints.

Cohen described the car wash workers as primarily Hispanic immigrants who need their low-wage jobs and are reluctant to complain about unwanted sexual advances for fear of discipline or embarrassment.

“One of the reasons we brought this case is because we believe it clearly was not horseplay,” Cohen said.

Sexual harassment laws under Title 7 have been applied to same-sex conduct since a 1998 ruling by the U.S. Supreme Court.

But such cases are relatively rare, Cohen said.

The lawsuit was filed in part to help establish the law regarding same-sex harassment, Cohen said.

“When the EEOC is trying to make law in a particular area, it’s most unfortunate for a small employer,” Andjelkovich said.

The EEOC’s lawsuit seeks compensatory and punitive damages from the car wash, back pay for the complainant whom it claims was fired, and an order from the court that would reopen the case if harassment is reported in the future at the car wash.

 

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