A Sonic Drive-In in Grapevine, Texas, has agreed
to settle a sexual harassment lawsuit filed by the U.S. Equal
Employment Opportunity Commission (EEOC), for $31,000, the agency
announced today. The EEOC’s suit charged that SDI of Grapevine [2240
Hall Johnson Road], A Texas Partnership, subjected 17-year-old carhop
Erin Schwarzbach to a sexually hostile work environment created by the
general manager of the restaurant.
According to the EEOC, General Manager Shawn Sadler, who was in his
mid-20s at that time, subjected Schwarzbach, an academic standout at
Colleyille Heritage High School, to unwanted sexual conduct. The
harassment by the manager included puckering his lips as if to give
Schwarzbach a kiss and telling her how a woman should perform oral sex
on a man. When Schwarzbach would ask Sadler to review her receipts so
she could leave, he told her that he would do so in exchange for oral
sex. Schwarzbach provided the EEOC with information that when she
would bend down to put on her roller skates at the beginning a shift,
the manager would grab her head and push it down in an attempt to
simulate oral sex.
After Schwarzbach’s mother reported the conduct to company
officials, the EEOC said, defendant failed to conduct a proper
investigation and did not appropriately discipline the manager, even
though the company found that he had engaged in “harassing behavior.”
Sexual harassment violates Title VII of the Civil Rights Act of
1964. In October 2006, Ms. Schwarzbach filed a discrimination charge
with the EEOC, initiating an investigation by the agency’s Dallas
District Office. The EEOC filed suit (Civil Action No. 3:08-CV-1606-L)
in U.S. District Court for the Northern District of Texas, Dallas
Division, after first attempting to reach a pre-litigation settlement.
Under the settlement, besides the monetary award, SDI of Grapevine
is enjoined from further discrimination on the basis of gender,
including sexual harassment, and from retaliating in any way against
person for reporting or complaining about discriminatory practices.
Further, the company will take corrective measures for the next five
years, including anti-harassment training and notice posting. The
company will also place in the manager’s personnel file a written
notice stating that a young worker has alleged sexual harassment,
including forced physical touching, and that any further complaints
will be fully investigated according to defendant’s procedures and,
should there be evidence to support such claims, he shall be subject
to immediate termination.