Subway Restaurant Operator to Pay $55,000 to Resolve Sex Harassment Claim

 
Monday, January 3, 2011
 
Is there a way the employer below could have avoided this problem?
SKMATCH, Inc., the operator of a Subway restaurant in Wilmington, N.C., will pay $55,000 and furnish other relief to settle a sexual harassment lawsuit filed by the EEOC. The EEOC had charged that two female employees were subjected to a sexually hostile work environment at one of SKMATCH’s Subway restaurants in Wilmington.

According to the EEOC’s complaint, from around December 2008 through May 7, 2009, the male assistant manager at the Subway store where Helena Miller worked, subjected her to repeated sexual comments, sexual propositions and name calling and sexual touching. At the time of the sexual harassment, Miller was only 18 years old, and the assistant manager who harassed her was ten years older than her. Miller complained to other managers about the sexual harassment, the EEOC said, but no action was taken in response to her complaints. The harassment was so intolerable that Miller was forced to quit her job in order to avoid being harassed.

In addition to the $55,000 in compensatory damages to be divided between Miller and a second victim, the five-year consent decree resolving the lawsuit includes injunctive relief that requires SKMATCH to (1) refrain from engaging in sexual harassment or retaliation; (2) revise its sexual harassment policy to include procedures for reporting and resolving sexual harassment complaints; (3) conduct anti-discrimination training; (4) post a notice about the settlement; (5) distribute its revised policies prohibiting sexual harassment; and (6) report certain complaints of harassment to the EEOC for monitoring.

Editor's note:  How can an employer efficiently train and distribute policies to its employees?  We can help employers do both via HR Classroom, http://www.hrclassroom.com.

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