EEOC Calls For Increased Accountability In Harassment Cases

(Published November 9, 2009) 

Reprinted from PERSONNEL LEGAL ALERT, a widely read employment law newsletter that keeps HR executives up-to-date on the latest court cases, legal trends, government regulations, and federal legislation that affect the policies you write and procedures you administer. 

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When the Equal Employment Opportunity Commission (EEOC) settles a harassment lawsuit, the employer is usually required to pay a large monetary settlement and to train managers and employees on anti-discrimination laws and the prevention of harassment and retaliation in the workplace. The EEOC is also imposing remedies on employers that call for increased accountability, both internally and externally. Take a look at a handful of cases settled in 2009.

• Ceisel Masonry (Illinois), charged with harassment based on race and national origin, is required to pay $500,000 and to revise its policies on harassment and how to conduct harassment investigations, and to hold its supervisors accountable if they do not comply with the new anti-harassment and investigation policies.
  
  
• The Star Tribune Co. (Minnesota), sued by two female mailroom workers for a sexually hostile work environment, is required to pay more than $300,000 and to employ a supervisor or manager for the mailroom for every shift and employ an HR representative who will have responsibility for the HR function for the mailroom, including monitoring and resolving employees' complaints on working conditions in the mailroom.
  
  
• First Street Surgical Center, L.P. and First Surgical Partners, LLC (Texas) employed (and later promoted) a male nurse who sexually harassed female colleagues and subordinates. The consent decree calls for the demotion of the director of nursing and the hiring of an HR specialist, on top of a $290,000 payment.
  
  
• Hickory Hills Country Club (Illinois), accused of sexual harassment and race discrimination, must pay up to $690,000 and hire an independent monitor to accept and investigate charges of discrimination.
  
  
• Georgia-Pacific Gypsum LLC (Wisconsin) must pay $75,000 and report to the EEOC through May 2010 about complaints of sexual harassment or retaliation and any actions taken as a result of the complaints.

Lessons To Be Learned

These are proactive steps you can take to avoid getting socked with an EEOC charge.

• Review policies related to harassment, retaliation, complaint reporting, and investigations, and update as needed.
  
  
• Hold managers accountable for preventing harassment and retaliation. HR and upper management must keep track of what's going on in each department and discipline managers who fail to take appropriate anti-harassment measures.
  
  
• Increase direct supervision of employees where needed. This could mean simply getting managers out of their offices more or could call for scheduling managers for late and overnight shifts.

Related Topic(s): Discrimination/Sexual Harassment, Discrimination/Retaliation, Discrimination/Race Discrimination