Feds file sexual harassment suit against Hawaii tour companies

The federal government has filed a lawsuit against Discovering Hidden Hawaii Tours Inc., alleging that the company’s president sexually harassed male employees for more than a decade.

The U.S. Equal Employment Opportunity Commission said Wednesday that Leo Malagon, president of Discovering Hidden Hawaii Tours Inc., which also does business as Discover Hawaii Tours, routinely recruited young men to work for his companies and then exposed them to “egregious sexual harassment.”

Allegations against Malagon date back to 2006. The alleged offenses listed in the lawsuit include Malagon inviting employees to sex parties; showing them pornographic videos and photos; requiring them to show him their private parts to be considered for employment; stating continued employment or promotions were contingent on participating in sexual acts with him; and performing unwanted sexual acts.

The lawsuit said there were at least five individuals who had been sexually harassed by Malagon.

“The individuals who came forward were brave and courageous,” said Nicole St. Germain, outreach and education coordinator for the EEOC. “This is still a kind of harassment that is very stigmatized.”

Diana Swahn, director of administration and partner relations for Discovering Hidden Hawaii, said company officials would not comment on the pending legal matters. Malagon could not be reached for comment.

The lawsuit said Malagon also had control of affiliated company Hawaii Tours &Transportation Inc., which his wife owns, and that he managed events for Big Kahuna Luau Inc. Those two companies are also listed in the EEOC lawsuit.

The EEOC lawsuit charges the companies violated federal anti-discrimination laws by allowing the sexual harassment.

Germain said the EEOC began its investigation when one of the individuals identified in the lawsuit came forward in 2015. The lawsuit said Malagon subjected other male employees to sexual harassment and often recruited men at his gym.

The lawsuit said that when employees brought the harassment to the attention of supervisors, the company did not take corrective action and, in one case, supervisors encouraged the employee to comply with Malagon’s requests.

According to the lawsuit, the defendants issued a poor performance review of the same male employee after he filed a complaint about the sexual harassment.

The EEOC said some of the employees felt that they had no other option but to quit and, in some cases, Malagon retaliated after employees complained to their supervisors about the harassment.

“When employers fail to address workplace harassment, employees often feel that they must choose between putting up with the abuse or quitting. No one should have to make that choice,” said Glory Gervacio Saure, director of the EEOC’s Honolulu Local Office, in a prepared statement.

The suit seeks compensatory and punitive damages as well as injunctive relief intended to prevent any future discrimination and harassment at the tour companies. EEOC said it first tried to reach a pre-litigation settlement.