Reinstatement of Worker Fired after Reporting Sexual Harassment at Salvadoran Collegiate Apparel Factory

We are glad to share a new report on labor rights progress achieved pursuant to a WRC investigation at League Central America (“LCA”), a collegiate apparel factory in El Salvador. The WRC worked with the licensee, L2 Brands (“L2”), which owns LCA, to secure a resolution that restores compliance with university codes of conduct in the area of sexual harassment. We appreciate L2’s positive action in this case. The LCA factory is also disclosed as a supplier of collegiate apparel by Graphically Speaking.

This case stemmed from a complaint the WRC received from a Salvadoran union over the alleged discriminatory firing of three LCA employees. In the case of two of the three fired employees, the WRC ultimately did not find that their firing violated university standards—but, in the case of the third worker, the WRC did find university codes of conduct had been violated.
 
The third fired worker was a woman employee who, prior to her dismissal, had reported to both the WRC and L2 that she had been sexually harassed by her male supervisor. Both the WRC and an external investigator retained by L2 determined the worker’s complaint was valid. LCA appropriately addressed the complaint by transferring the harassing supervisor to another part of the factory and, later, ending his employment.
 
As is common in such cases, however, the worker who reported the harassment faced hostility afterwards from employees who had been friendly with the supervisor. This hostility contributed to interpersonal conflicts between the worker and those employees—which later led to LCA dismissing her, as part of a broader workforce reduction, for not getting along with her coworkers.
 
Even though LCA was not responsible for other employees’ hostility to this worker, it arose in retaliation for her reporting the supervisor’s harassment, and the other workers’ antagonism resulted in her termination. Because this outcome could discourage other employees from reporting when they are sexually harassed, her termination violated not only this worker’s rights, but the right of all employees to a workplace where they can safely report incidents of sexual harassment.
 
The WRC recommended to L2 that, to restore compliance with university codes of conduct, LCA should reinstate the worker with back wages. Initially, LCA agreed to provide the worker partial payment of back wages, but not reinstatement.
 
However, after further engagement by the WRC and L2, LCA agreed to a supportive process of reinstatement, as well as additional back pay, for the fired worker. These commitments, when implemented later this month, will positively resolve this violation—and meaningfully affirm the right of all employees to a harassment-free workplace.
 
We appreciate the commitment to university code compliance demonstrated by L2. Although L2 did not initially concur with the WRC’s recommendation for reinstatement, L2 agreed to implement it, consistent with the requirements of university standards. The result is stronger protection for the rights of workers at the facility. The WRC will monitor the implementation of the agreed remedies by the licensee and its factory.
 
As always, please let us know if you have any questions.