Local Employer Pays Six-Figure Settlement to EEOC

Earlier this month, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that the operators of a mushroom farm in Berks County agreed to settle a case brought by the agency in federal court.  In the lawsuit, the EEOC claimed that the employer subjected eight (8) female workers to repeated sexual harassment, including unwelcome touching of intimate areas and kissing.  The EEOC also claimed that the employer retaliated against one of the workers who opposed the harassment by disciplining her, demoting her, and reassigning her to perform more physically demanding and lower-paying work.

As part of the settlement, the employer must: pay $200,000.00 to the eight (8) female workers; create and distribute an anti-discrimination policy and complaint procedure; train employees on Title VII of the Civil Rights Act of 1964; and post and distribute a notice about the settlement and employees’ rights under Title VII.  The employer must also submit reports to the EEOC of any future complaints of and investigations into sex discrimination, sexual harassment, or retaliation.  In addition, the employees who engaged in the harassment and retaliation are barred from holding supervisory positions with the employer.

This case emphasizes that employers must take the steps necessary to prevent and address issues of discrimination and harassment.  Before instances of discrimination and harassment arise, an employer must issue effective policies and regularly train its employees, both supervisory and non-supervisory.  Once an employer learns of conduct that could be discriminating or harassing, it must promptly investigate and take appropriate disciplinary action.  It also cannot retaliate against an employee who has brought such conduct to its attention.

With the end of the year right around the corner, now is the time for employers to review and revise their handbook policies and schedule training for the upcoming year.  For assistance with these projects, or for any questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.