Dental Provider Sued Over Retaliatory Firing of Texas Sales Rep

September 15, 2022

Dental Health Products, Inc. (DHP), a nationwide provider of supplies and equipment to dental practices, violated federal law by firing a sales represent­ative based in McAllen, Texas because she made a complaint to human resources alleging sex-based discrim­ination and harass­ment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the EEOC’s lawsuit, the sales representative made a written complaint to DHP’s human resources department alleging that her manager was discriminating against her because of her sex after he reassigned her clients to a male salesperson. She also said the employer was creating a very hostile work environment for her. DHP fired the sales representative less than one day later, the EEOC said, in retaliation for opposing what she believed to be unlawful discrimination.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The case, EEOC v. Dental Health Products, Inc., Civil Action No. 5:22-cv-00994, was filed in U.S. District Court for the Western District of Texas, San Antonio Division. ­­The EEOC is seeking back pay, compensatory and punitive damages, and appropriate injunctive relief to prevent similar discriminatory practices in the future.

“A manager may not fire, demote, harass or otherwise retaliate against an individual for filing a complaint of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination based on sex,” said Philip Moss, a trial attorney with the EEOC’s San Antonio Field Office.