A former customer service representative has accused her previous employer of subjecting her to ongoing sexual harassment and retaliatory termination, raising concerns about workplace protections and employer responsibilities under federal law. The complaint was filed by Esmeralda Contreras in the United States District Court for the Northern District of Illinois on March 19, 2026, naming Panda Express Inc. as the defendant.
According to the filing, Contreras worked for Panda Express as a Customer Service Representative from approximately September 22, 2023, until her termination on or about May 14, 2025. She claims that throughout her employment she met or exceeded performance expectations but was subjected to different terms and conditions compared to male employees due to her sex. The lawsuit is brought under Title VII of the Civil Rights Act of 1964, alleging sex-based discrimination, harassment, and retaliation.
The complaint details that starting around January 2024, Contreras began experiencing sexual harassment from a cook identified as Silverio (also known as Juan). The allegations include explicit comments made both to coworkers and directly to Contreras. For example, Silverio allegedly told coworkers he wanted to have sexual intercourse with Contreras and made sexually charged remarks such as offering money for marriage or making inappropriate jokes when she asked for help at work. On one occasion described in the complaint, Silverio responded to a request for assistance by saying, “Sure, I can open you up,” which Contreras interpreted as highly explicit and unwelcome.
Contreras reported these incidents multiple times between September 2024 and April 2025 to various levels of management at Panda Express. According to the filing, she informed Assistant Manager Javi about uncomfortable looks and discussions involving herself by Silverio and another coworker named Pancho. She also reported Silverio’s behavior—including an alleged offer of money in exchange for sex or marriage—to General Manager Brenda Duran and later escalated her complaints to Area Code of Operations Nancy in February 2025.
Despite assurances from management that an investigation would be initiated after her February report, Contreras states that no action was taken by Panda Express management at that time. She continued to experience harassment until mid-April 2025 when Silverio was transferred following another incident involving a different female employee. The complaint alleges this was not his first transfer due to similar behavior; internal comments reportedly indicated it was his third such transfer following sexual harassment complaints.
Contreras further asserts that while she faced termination shortly after making her last complaint—ostensibly for giving away a free cup—Silverio received only transfers despite multiple complaints against him. Another female employee who had also reported sexual harassment by Silverio was terminated on the same day as Contreras for giving food to her sister. Both women reportedly had minor disciplinary histories compared with Silverio’s record.
The lawsuit claims that these actions constitute violations of Title VII through disparate treatment based on sex (female), failure to address hostile work environment complaints adequately, and unlawful retaliation against employees who report discrimination or harassment. The complaint alleges: “Plaintiff suffered multiple adverse employment actions including… being terminated.” It further states: “There is a basis for employer liability for the sex-based discrimination and harassment.”
In addition to outlining specific incidents involving herself and others within her protected class who allegedly experienced similar conduct from Silverio—including individuals identified as Alicia (last name unknown), Perla (last name unknown), and shift leader Brenda (last name unknown)—Contreras contends that male employees were treated more favorably under comparable circumstances.
As relief from the court, Contreras seeks back pay with interest; payment of interest on all back pay recoverable; front pay; loss of benefits; compensatory and punitive damages; reasonable attorneys’ fees and costs; pre-judgment interest if applicable; as well as any other relief deemed just by the court. She has requested a jury trial on all issues presented in the case.
The plaintiff is represented by attorneys Sophia K. Steere and Nathan C. Volheim of Sulaiman Law Group Ltd., located in Lombard, Illinois. The case identification number is 1:26-cv-03109.
Source: 126cv03109_Esmeralda_Contreras_v_Panda_Express_Complaint_Northern_District_of_Illinois.pdf
