Harassment of women is never “playful,” a lesson that this employer might now take to heart.
HELP USA, Inc., a nationwide provider of housing and support services, will pay $150,000 and furnish other relief to settle a lawsuit for sexual harassment filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced on Friday.
According to the EEOC’s lawsuit, a supervisor at the company’s Morris Avenue location in the Bronx regularly directed unwelcome sexual advances to female employees, made sexually offensive comments, and ogled women in the workplace. He also treated female subordinates in a verbally abusive manner, shouting at them and belittling them and their work. One employee’s repeated complaints about the supervisor’s conduct went unheeded for months. A manager responded to one such complaint dismissively, stating that the supervisor engaging in the harassment was just being “playful.”
Such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination – including harassment – because of sex. Sex harassment may include conduct that is openly sexual in nature, such as overtly sexual or sexist comments or behavior. It may also include hostile or abusive treatment that is not overtly sexual in nature but is targeted at members of one sex. The EEOC filed suit in the U.S. District Court for the Southern District of New York (EEOC v. HELP USA, Inc., Civil Action No. 1:18-cv-07598) after first attempting to reach a pre-litigation settlement through its conciliation process.
“The EEOC is committed to eradicating sexual harassment in the workplace,” said EEOC New York Regional Attorney Jeffrey Burstein. “We will continue to fight that kind of harmful misconduct everywhere we can.”
Under the consent decree resolving the lawsuit, HELP USA will pay $150,000 in damages to the harassment victims. It also requires HELP USA to maintain and distribute anti-discrimination policies to employees and to provide training to all employees at its Morris Avenue location. Additionally, any complaints of Title VII discrimination made by HELP USA employees, such as harassment complaints, will be reported to the EEOC.
Kevin Berry, Director of the EEOC’s New York District Office, said, “Federal law clearly prohibits sexual harassment. The EEOC will continue to ensure that employers take this kind of abuse seriously — and employee complaints about it.”
The New York District Office of the EEOC is responsible for processing discrimination charges, administrative enforcement and the conduct of agency litigation in New York, northern New Jersey, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire and Maine.
Preventing workplace harassment through systemic litigation and investigation is one of the six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP).
29 Mar
Temp Subject to Harassment; Employer Forks Over $34K to Settle Resulting EEOC Lawsuit
Posted by Joe Lustig in Uncategorized. Tagged: EEOC lawsuit, inappropriate comments, physical touching, settlement, sexual gesture, sexual harassment, temporary employee. Leave a comment
The foreman couldn’t keep his hands of a female line employee. His employer didn’t stop the harassment. Its next stop was in federal court.
Premier Employee Solutions LLC, a Greensboro, Utah based company that provides temporary labor to a variety of industries, will pay $34,000 and provide other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced March 26.
According to the EEOC’s lawsuit, Sarah Isley began working for Premier around February 2016. She was assigned as a temporary employee at the Del Monte Fresh Produce, N.A., Inc. facility, in Whitsett, N.C. From February 2016 to around April 2016, a male line lead employed by Premier subjected Isley to sexual harassment on a daily or near daily basis. The sexual conduct included inappropriate comments, sexual gestures, and physical touching, including one occasion where the line lead grabbed Isley’s breasts. Isley complained to Premier about the sexual harassment, but the harassment continued.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from allowing a sexually hostile work environment to exist in the workplace. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (EEOC v. Premier Employee Solutions LLC, Civil Action No. 1:18-cv-00823) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
Under the consent decree resolving this case, Premier agreed to implement an amended anti-harassment policy; conduct training for managers, supervisors, and employees at its Greensboro, N.C. facility and the Whitsett facility where Isley worked; post an anti-discrimination notice at both facilities; and periodically report compliance to the EEOC for the duration of the decree.
“Sexual harassment is always unacceptable and unlawful in any workplace,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “The EEOC takes a company’s failure to take appropriate action to stop sexual harassment very seriously and will prosecute cases where this kind of abuse occurs.”