A new class action lawsuit has accused one of Chicago’s most prominent tortilla makers of allegedly not taking action to shut down a work environment that has been “sexually hostile” toward women.
On Jan. 11, attorneys with the firm of Caffarelli & Associates, of Chicago, filed suit in Cook County Circuit Court against El-Milagro Inc., accusing the company of allegedly violating the Illinois Human Rights Act.
The complaint was filed on behalf of named plaintiff Alma Sanchez, who allegedly has worked for El-Milagro since 2019.
El-Milagro produces the El Milagro line of corn and flour tortillas, tostadas and tortilla chips. Since it was founded by Mexican immigrant Raul Lopez in the 1950s, the El Milagro brand has become a popular choice for tortillas sold in supermarkets in Illinois and elsewhere in the country.
The company operates facilities in Chicago, Texas and Georgia.
According to the complaint, Sanchez asserts a male coworker on at least two occasions touched her buttocks, including at least once with his genitals through clothing, while at work.
According to the complaint, Sanchez and others complained to a supervisor about the incidents, but allegedly nothing was done.
In the complaint, Sanchez asserts she also filed a complaint with the company’s human resources department, but allegedly no corrective action was taken.
Neither the male coworker nor the supervisor are named as defendants in the complaint.
According to the complaint, the plaintiff believes other women have experienced similar incidents at the hands of that same male coworker, and the company has allegedly also not taken any corrective action.
The complaint asserts the alleged failure to address her complaints about the alleged incidents amounts to violations of her rights, and those of other female El-Milagro employees, under the Illinois Human Rights Act, as it “fostered a sexually hostile work environment.”
The complaint seeks to expand the case to include all female El-Milagro employees “who have been and/or currently are subjected to a sexually hostile work environment” at El-Milagro facilities in Illinois since February 2021.
The complaint does not estimate how many employees that may include, but indicates it may be at least 100 people.
The complaint seeks unspecified damages, plus attorney fees and interest.
The plaintiffs are represented by attorneys Alejandro Caffarelli and Nicole Young.
The complaint would add to legal troubles experienced by El-Milagro in recent years. The company has been targeted by a number of labor-related actions, including worker walkouts, organized by labor unions, and a complaint filed with the National Labor Relations Board.
Workers have allegedly complained of intimidation by management in response to their demands for better pay and changes to their working conditions.