HD Supply, Inc., one of nation’s largest wholesale
suppliers of building materials, has agreed to settle a sexual
harassment and retaliation lawsuit filed by the U.S. Equal Employment
Opportunity Commission (EEOC), the agency announced. The EEOC
had charged that a female office clerk was sexually harassed and
ridiculed by a male co-worker at the company’s facility in Gillette,
Wyo.
According to the EEOC’s suit, the co-worker allegedly groped the
office clerk’s crotch and breasts, forcibly tried to kiss her and
otherwise inappropriately touched her even in front of customers. The
woman followed proper channels by complaining to a male branch
manager. The manager, in turn, purportedly made a lewd gesture with
his tongue, laughed about whether she had been kissed that day and
allowed the sexual harassment to persist, according to the EEOC. After
the internal complaint, the EEOC claims that the alleged victim
suffered retaliatory harassment including verbal ridicule and pranks,
such as placing dog feces in her car.
Sexual harassment and retaliation for complaining about it violate
Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. HD Supply, Inc., et al.,
Case No. 2:09-CV-00048-ABJ) on March 11, 2009, in U.S. District Court
for the District of Wyoming. While the EEOC’s Denver Field Office
conducted the investigation, the EEOC’s Los Angeles District Office
assumed the responsibility of negotiating the 18-month consent decree
reached by both parties.
According to the consent decree settling the suit, the victim will
receive monetary relief of $33,000. Further, the consent decree
requires that HD Supply implement an internal policy, procedures and
staff training at its Gillette facility to address sexual misconduct
and retaliation in the workplace. Per the consent decree, the EEOC
will also track future internal complaints of sexual harassment at the
facility.