Cintas Corporation, the largest uniform manufacturer
in North America and a provider of specialized services to businesses,
including fire protection, will pay $152,500 and furnish significant
remedial relief to settle a federal racial and sexual harassment
lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC)
announced.
According to the EEOC’s lawsuit, Claude Ash, Armand Upchurch and a
class of African- American and male employees were subjected to
egregious sexual and racial harassment by a co-worker with supervisory
responsibilities in the company’s fire protection unit, which was then
located in Warminster, and is now located in Conshohocken, Pa. The
class members worked in the dry cell unit, which refurbishes and
refills customers’ portable fire extinguishers. The EEOC charged that
this supervisor’s unlawful harassment included: fondling the buttocks
of class members; exposing his private parts and asking class members
to expose their private parts to him; requesting sexual favors; and
discussing his sexual exploits and sexual activities he would like to
perform.
The EEOC further alleged that the supervisor engaged in unlawful
racial harassment including: referring to the dry unit as the “ghetto
division”; calling black employees nicknames using some derivation of
“chocolate” such as “chocolate delicious”; and using a racial epithet
to Upchurch and Ashe when professing why no one would believe their
accounts about the harassment over company witnesses. The EEOC
contended that the uncorrected harassment culminated in the
discriminatory discharge of Upchurch, Ashe and other class members.
Such alleged conduct violates Title VII of the Civil Rights Act of
1964, which prohibits sexual and racial harassment. T he EEOC attempted
to reach a voluntary settlement prior to filing suit in U.S. District
Court for the Eastern District of Pennsylvania, Civil Action No.
1:09-CV-04449.
In addition to the $152,500 in monetary relief to Upchurch, Ashe and
the class members, the consent decree resolving the lawsuit enjoins
Cintas from engaging in sexual or racial harassment or retaliation. The
company must also provide training about federal anti-discrimination
laws to all employees at the Conshohocken facility, report to the EEOC
about the company’s response to any complaints of alleged
discrimination, harassment or retaliation, and post a remedial notice.