Egyptian Manager Fired Because of National Origin, EEOC Says In Post-9/11 Backlash Discrimination Lawsuit

Egyptian Manager Fired Because of National Origin Says:     ‘I Had No Idea that the Rippling Effects of September 11     Would Extend So Far'

The U.S. Equal Employment Opportunity Commission (EEOC)     today announced that it has sued Pesce, Ltd., a Houston-based     upscale seafood restaurant, under Title VII of the 1964 Civil     Rights Act for post-9/11 backlash discrimination by firing     Karim El-Raheb, a general manager, because of his Egyptian     ancestry shortly after the terrorist attacks on New York and     Washington. The case is the EEOC's fifth lawsuit to date     charging employers with unlawful backlash discrimination     related to the tragic events of September 11, 2001.

The EEOC's suit, in U.S. District Court for the Southern     District of Texas, says that shortly after September 11, 2001,     Pesce's Co-Owner Damian C. Mandola began making repeated     references in front of the restaurant staff and patrons that     Mr. El-Raheb could "pass for Hispanic" and should     change his name to "something Latin." Moreover,     Mandola fired El-Raheb in November 2001 after openly     speculating that his Egyptian name and physical appearance were     to blame for Pesce's decline in earnings in the months     following the terrorist attacks.

Mr. El-Raheb, who became a naturalized U.S. citizen in     December 1986, said: "I had no idea that the rippling     effects of September 11 would extend so far. Having my civil     rights violated the way they were affected every aspect of my     life. I am confident that, through the EEOC, a just result will     be achieved."

Prior to his employment with Pesce, Mr. El-Raheb worked for     13 years at the St. Regis hotel in Houston. He attended local     high school at the Second Baptist School, skipped his junior     year and graduated from Cy-Fair High School in 1984 at the age     of 16. Following that, he attended classes at the University of     Houston. Mr. El-Raheb and his mother arrived in Houston in 1980     to join his father, who emigrated to the United States from     Egypt in 1975 to work as an engineer.

"The EEOC is committed to aggressively litigating     post-9/11 backlash discrimination cases when we find the charge     has merit and our voluntary settlement efforts prove     futile," said Jim Sacher, Acting Director of the     agency's Houston District Office. "If an employer     engages in discriminatory treatment of employees of Middle     Eastern ancestry or who practice the Muslim faith because of     the tragic events of September 11, that company should expect     to be held accountable."

National origin discrimination violates Title VII of the     Civil Rights Act of 1964, which prohibits employment     discrimination based on race, color, religion, sex (including     sexual harassment or pregnancy) or national origin and protects     employees who complain about such offenses from retaliation.     The EEOC filed suit after its conciliation efforts to reach a     voluntary pre-litigation settlement were unsuccessful. The     agency is seeking a permanent injunction prohibiting the     company from engaging in employment discrimination as well as     back wages, compensatory damages, punitive damages and other     relief for Mr. El-Raheb.

Rose Adewale-Mendes, EEOC's Acting Regional Attorney in     Houston, said: "The filing of the lawsuit sends a message     to employers that the EEOC will enforce federal law by     prosecuting companies that disregard the laws prohibiting     discrimination against innocent individuals based on     stereotypical assumptions about their religion or     ethnicity."

Since September 11, 2001, the EEOC has received more than     800 charge filings nationwide alleging post-9/11 backlash     discrimination by individual who are – or who are     perceived to be – Muslim, Arab, Afghani, Middle Eastern,     South Asian, or Sikh. The two most frequent issues alleged are     discharge and harassment. Nearly 100 individuals aggrieved by     9/11-related employment discrimination have received over     $1,425,000 in monetary benefits through EEOC's enforcement,     mediation, conciliation, and litigation efforts. The Commission     has also been at the forefront of the federal government in     conducting vigorous outreach and education to both the employer     and labor communities at the national and grassroots levels to     prevent such discrimination and promote voluntary compliance     with the law.

In addition to enforcing Title VII, the EEOC enforces the     Age Discrimination in Employment Act of 1967, which protects     workers age 40 and older from discrimination based on age; the     Equal Pay Act of 1963, which prohibits gender-based wage     discrimination; the Rehabilitation Act of 1973, which prohibits     employment discrimination against people with disabilities in     the federal sector; Title I of the Americans with Disabilities     Act, which prohibits employment discrimination against people     with disabilities in the private sector and state and local     governments; and sections of the Civil Rights Act of 1991.     Further information about the Commission is available on the     agency's web site at www.eeoc.gov.