A company that provides janitorial and other services to hospitals nationwide will pay $400,000 and offer other equitable relief to settle a sexual harassment lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on March 24.
According to the lawsuit, a group of female housekeepers were repeatedly subjected to sexual harassment by a male employee. This employee allegedly made inappropriate sexual comments and frequently attempted to kiss, touch, and grab the female employees without their permission. Such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment.
Despite the employees’ multiple and persistent reports of harassment, the EEOC said, the company took no action for over a year to curb the harassment, and it retaliated against the female employees by firing two of them after they reported the sexual harassment. The company also retaliated against another female victim by doubling her workload until she eventually resigned due to the untenable working conditions.
According to the EEOC’s Phoenix District Director, employers violate Title VII a second time when they retaliate against employees who complain about sexual harassment. She also noted that over 50 percent of the charges the EEOC receives involve retaliation complaints.
The settlement includes a three-year consent decree, which requires the company to review and revise its harassment policies. The company must also offer to reinstate certain female employees, provide letters of apology, train all employees and managers on sexual harassment and Title VII, and submit reports to the EEOC about training, complaints, and policy changes.
“Employers have an obligation to protect their employees from sexual harassment occurring under their watch,” said Mary O’Neill, regional attorney for the EEOC’s Phoenix District Office. “When employees complain about harassment, the employer must take prompt, swift, and adequate measures to investigate, address, and stop the harassment. We are pleased that [the company] decided to work cooperatively with the EEOC early in this litigation to resolve the case, and we will continue to enforce federal laws against sexual harassment.”
Compliance Perspective
Issue
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. A complaint of harassment must be investigated promptly and impartially. Equal employment opportunity laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Participating in a complaint process is protected from retaliation under all circumstances.
Discussion Points
- Review your policies and procedures on preventing harassment, including sexual harassment. Also review policies and procedures on nonretaliation. Update your policies as needed.
- Train staff on what is considered harassment and their role in promptly reporting all types of harassment to a supervisor or the compliance and ethics officer. Train supervisors and the compliance and ethics officer on their role when harassment has been reported to them by an employee. Stress the importance of nonretaliation.
- Periodically audit by anonymously polling staff to determine if they are being sexually harassed or experiencing discrimination and ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
