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The Spud Seller, Inc., a potato wholesaler in the San Luis Valley outside of Monte Vista, Colo., has agreed to pay $255,000 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC's lawsuit, EEOC v. Spud Seller, Inc. 10-cv-02381-MSK-KLM, a warehouse supervisor repeatedly harassed female hourly employees, including 10 identified women who worked as potato sorters. After one of the women filed a charge with the EEOC in 2009, the EEOC conducted an investigation which uncovered more women who alleged sexual harassment. The women, who worked for the company at different times, alleged their supervisor made sexual comments, groped and touched them, exposed himself and solicited sexual acts over a period from June 2004 through 2010. The first complaint about his conduct was brought to management in June 2004. The supervisor was eventually fired by Spud Seller in 2012.
Sexual harassment, and an employer's failure to stop sexual harassment about which it knew or should have known, violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the monetary relief to the employees, the three-year decree settling the suit enjoins Spud Seller from engaging in harassment on the basis of sex. Spud Seller has agreed to train its current and future managers and employees on anti-discrimination laws and to post notices stating its commitment to maintaining an environment free of sexual harassment.