Senior Care Provider to Pay $340,000 to Settle Racial and Sexual Harassment Case; Training Required

Thursday, November 29, 2018
Senior care provider R. MacArthur Corp. (RMC) will pay $340,000 in damages for five former employees and its successor, San Oak Caring Hands LLC, will implement measures to prevent future harassment to settle a racial and sexual harassment lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced.

According to the EEOC's suit, caregivers employed by RMC, a franchisee of Home Instead Senior Care, reported that an 80-year-old client in Alameda, Calif., repeatedly groped them, offered lewd comments about their breasts and buttocks, and made additional racially and sexually offensive comments while they were providing in-home assistance. Although several care providers informed RMC of his conduct, the EEOC asserted that the employer failed to act on these complaints and also retaliated against one complaining caregiver, Rashon Sturdivant, by refusing to place her in other available assignments.

Harassment based on sex and race, as well as retaliation against employees who speak out against such conduct in the workplace, violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for the Northern District of California (EEOC v. R. MacArthur Corp. / San Oak Caring Hands LLC d/b/a/ Home Instead Senior Care, Civil Number 4:17-CV-04188-DMR) after an investigation by EEOC Investigator Krystal Clark and Enforcement Supervisor Scott Doughtie and after first attempting to reach a pre-litigation settlement through its conciliation process.

Under the five-year consent decree settling the suit, RMC will pay $340,000 to five caregivers. San Oak Caring Hands, the entity that now owns and operates RMC's Home Instead franchises, will institute thorough anti-harassment training and policies that emphasize prevention, prompt correction and competent investigation. San Oak will engage a consultant to review discrimination matters and provide periodic reporting of its training, policies and complaint investigation to the EEOC.
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