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The
U.S. Equal Employment Opportunity Commission (EEOC) announced a major
settlement of a discrimination lawsuit under Title VII of the Civil
Rights Act against Lowe's Home Improvement Warehouse, Inc. for $1.72
million and significant remedial relief on behalf of three employees in
their twenties who were subjected to a pervasive sexually hostile work
environment and retaliated against for complaining about it.
The
former employees, two young men and one woman, were subjected to
widespread and repeated sexual harassment by male and female managers
and coworkers at a Lowe's store in Longview, Wash., according to the
EEOC. The sexually hostile workplace, which endured for more than six
months, included physical and verbal abuse which culminated in one
instance of sexual assault.
Among the many allegations in the
litigation (Civ. No. CV08-331 JCC in U.S. District Court for the
Western District of Washington), the EEOC said the female employee, age
21 at the time, was sexually assaulted by the 44-year-old male store
manager in his office. Prior to the alleged assault, the EEOC said she
was implicitly propositioned for sex by the manager related to a recent
promotion she received. EEOC asserted that Lowe's not only failed to
take prompt remedial action to stop the sexual harassment, but also
fired the three victims in the case.
"Corporate America should
be on notice that sexual harassment and retaliation will not be
tolerated by the EEOC," said Commission Acting Chairman Stuart J.
Ishimaru. "In this case, severe sex-based harassment of young workers
was permitted to run rampant at one of the nation's largest retailers.
It is shocking that Lowe's store managers actively engaged in, and even
encouraged, such blatant unlawful conduct and then retaliated against
the victims for objecting to it."
In addition to the $1,720,000
in monetary relief for the three victims, the three-year consent decree
resolving the case requires Lowe's to provide comprehensive training to
management, non-management, and human resources employees in all
Washington and Oregon stores. Employees will be trained on what
constitutes harassment and retaliation, and on their obligation not to
harass or retaliate against any individual. Managers and supervisors
will be trained on what constitutes harassment and retaliation, their
obligation to provide a discrimination-free work environment, and their
responsibilities if an employee complains about harassment or
retaliation, or if they observe it. Human resources personnel will be
trained on what constitutes harassment and retaliation, how to
institute policies and practices to correct past discrimination and
prevent future occurrences, informing complainants about the outcome of
internal investigations, and the steps Lowe's will take to assure a
discrimination-free workplace in the future.
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