Dillard's to Pay $110,000 in Same-Sex Harassment Case
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Tuesday, June 16, 2009 |
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National
retail giant Dillard's, Inc. will pay $110,000 and provide significant
remedial relief to settle a same-sex harassment lawsuit involving two
male victims.
According to the EEOC's suit, under Title VII of
the Civil Rights Act, Dillard's permitted a sexually hostile work
environment for men at its Fashion Square Mall store in Orlando, Fla.
The EEOC charged that a male supervisor engaged in verbal and physical
sexual harassment of a male sales associate and a young dockworker when
the supervisor exposed himself, propositioned the men, and made
sexually explicit and derogatory comments. The EEOC said that Dillard's
ignored complaints about the harasser.
"The EEOC will hold
corporate America accountable for failing to prevent and correct
employment discrimination," said Commission Acting Chairman Stuart J.
Ishimaru. "Sexual harassment charge filings by men have trended upward
over the past decade. Employers must be more vigilant in ensuring that
men are not subjected to sexually hostile workplaces."
Under the
terms of the EEOC consent decree resolving the case, in addition to
paying $110,000 to the two male victims, the Dillard's Fashion Square
Mall store will distribute policies to the workforce on preventing
sexual harassment and retaliation; conduct sexual harassment and
anti-discrimination training for all employees; train employees who are
responsible for investigating sexual harassment complaints; submit to
monitoring throughout the decree's three-year duration; and post a
notice about the resolution of the case. Additionally, any future
sexual harassment complaints will become part of the alleged harasser's
permanent work file.
The EEOC filed the litigation in U.S.
District Court for the Middle District of Florida (Civil Action No.
6:07-cv-1496-PCF-KRS) in September 2007 after first attempting to reach
a settlement out of court.
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