Miami AutoNation store settles gender discrimination lawsuit for $150,000

A Miami AutoNation dealership has agreed to pay $150,000 to a former assistant parts manager to settle a gender discrimination lawsuit brought against the store by the U.S. Equal Employment Opportunity Commission.

The lawsuit, filed in September 2017, accuses AutoNation Chevrolet Coral Gables and AutoNation Inc. of failing to promote Jacqueline de la Torre to a parts manager position because she's a woman.

De la Torre was employed at the dealership from 1996 to August 2013, working her way up from a clerical position to assistant parts manager, a position she held for approximately 10 years, according to the EEOC.

She reported to the parts manager, Juan Huerta, and when Huerta's position opened up in 2013, the dealership did not conduct a formal application or interview process, the suit said. Nor did store managers consider de la Torre for the position, nor provide an opportunity to apply, despite her expressing an interest in the role. When a man, Jason Armas, was chosen for the position, de la Torre aired her grievances to AutoNation's district and regional management about the dealership's failure to give her an opportunity to formally apply for the spot, according to the suit.

De la Torre "was told by defendants' management that the defendants 'needed a man' for the position," the suit said. "...Management acknowledged that [de la Torre] was the most qualified candidate for the parts manager position, but advised that 'it was too late to undo things.'"

After de la Torre trained Armas, the store's then-general manager Raul Gandarillas allegedly began verbally harassing her by telling employees that he wanted de la Torre to leave and referring to her as "only clerical" in spite of her years of experience, according to the suit, which said she was forced to resign Aug. 17, 2013.

The nation's largest new-vehicle dealership group argued that it is not an employer and therefore should not be held accountable for the decisions made by the Chevrolet store regarding de la Torre.

After participating in settlement negotiations since November 2017, both parties came to an agreement -- which was contingent on the addition of another AutoNation dealership, Mercedes-Benz of Miami, as a party defendant and the voluntary dismissal of AutoNation Inc., according to the joint motion to amend the complaint, filed in June. The settlement was announced in late August.

"AutoNation Chevrolet Coral Gables and Mercedes-Benz of Miami are committed to providing equal employment and advancement opportunities for all employees and do not tolerate discrimination," a spokesman for the group wrote in an email to Automotive News.

AutoNation did not return a request for comment on why Mercedes-Benz of Miami was added to the equation, but the amended complaint points out that both stores are "subject to the same regional policies and procedures."

"Defendants, high-volume car dealerships, operate as related entities under the AutoNation umbrella and share common regional and market-based resources and concerns," the amended complaint said.

As part of the settlement, AutoNation Chevrolet Coral Gables and Mercedes-Benz of Miami must offer annual training for the parts and service department on how to prevent gender discrimination during the recruitment and hiring process for three consecutive years.

Mercedes-Benz of Miami was ordered to institute policies and practices to offer equal employment opportunities. However, the store does not have to pay monetary relief.

It is unclear whether de La Torre was rehired, but an employee with AutoNation Chevrolet Coral Gables told Automotive News that he doesn't know anyone with that name.

An attempt by Automotive News to get comment from de la Torre or her legal representation was unsuccessful

"Employers in traditionally male-dominated professions must make the workplace safe for all employees to compete for promotions on a fair and level playing field, without regard to gender," EEOC's Miami District Office Regional Attorney, Robert Weisberg said in a statement. "We believe this resolution will help dispel misguided unlawful gender based stereotypes."