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A federal judge has approved a consent decree resolving a sexual harassment lawsuit against Vet Pharm, Inc., a South Dakota animal health products distributor, brought by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC’s suit, between 2007 and 2008, a Vet Pharm employee told sexually explicit jokes and made highly personalized sexual comments which demeaned and humiliated female employees. Prior to filing its lawsuit, the EEOC conducted an investigation that indicated that complaints were made to a direct supervisor, who allegedly took no action to remedy the harassment. Further, the investigation showed that even after complaints were raised with upper management, the company failed to stop the harasser’s conduct, which was so severe that one female employee felt forced to quit her job, the EEOC said.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit, which was assigned to Judge Roberto Lange, in U.S. District Court for the District of South Dakota (Equal Employment Opportunity Commission and Highstrom-Neilan v. Vet Pharm, Inc., Civil Action No. 11-4025), after first attempting to reach a pre-litigation settlement through its conciliation process.
The consent decree provides that Vet Pharm will pay $65,000, to be divided between two female former employees who worked at its Sioux Falls facility. The consent decree applies to Vet Pharm’s facilities in Iowa, South Dakota and Idaho. In addition to the monetary settlement, the decree also contains an injunction preventing further sexual harassment, sex discrimination or retaliation, as well as requirements that Vet Pharm provide training to its employees; report to the EEOC regarding future complaints; revise its sexual harassment policy and employee handbooks; and post a notice for employees about the resolution of the suit. The EEOC will monitor Vet Pharm’s compliance with the agreement for three years.