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School bus operator First Student, Inc. will pay
$150,000 and provide other relief to settle a lawsuit for sexual
harassment and retaliation filed by the U.S. Equal Employment
Opportunity Commission (EEOC), the federal agency announced.
The EEOC had charged that four female employees at the company were
sexually harassed, retaliated against or forced to quit. Ohio-based
First Student claims to be North America’s leading school bus
transportation services company.
According to the EEOC, a male supervisor at its facility in Los
Angeles sexually harassed at least four women, including bus drivers and
a human resources assistant. The supervisor began by making constant
explicit remarks about their body parts and the sexual acts he wanted to
perform on them. The harassment turned physical when the supervisor
exposed himself, grabbed the breasts of a bus driver and rubbed his
private parts onto her, the EEOC charged.
The EEOC contends that a male manager who received their complaints
of harassment not only failed to correct the situation, but also
disciplined one victim and transferred another in retaliation for
complaining. The harasser cut another bus driver’s hours upon refusal of
his advances and promised extra hours to female employees who might
acquiesce, the EEOC said. Three of the victims felt forced to resign as a
result of the ongoing harassment.
Title VII of the Civil Rights Act of 1964 prohibits gender
discrimination in employment, including sexual harassment and
retaliation. The EEOC filed suit against First Student in September 2009
in U.S. District Court for the Central District of California (EEOC v. First Student, Inc., Case No. CV 09-7102 RVBKx) after first attempting to reach a pre-litigation settlement through its conciliation process.
Aside from the monetary relief, the parties entered into a consent
decree, valid through 2012, which requires First Student to hire an
outside EEO consultant to revamp the company’s policies, complaint
procedures, investigations and training of its employees on sex
discrimination, harassment and retaliation. First Student must also
require supervisors to report such complaints to the human resources
department within 24 hours of receipt and create a centralized tracking
system for those complaints. The decree covers First Student locations
in the California counties of Los Angeles and Orange, and the EEOC will
monitor compliance.
Anna Park, regional attorney for the EEOC’s Los Angeles District
Office, said, “We encourage all employers to implement proactive relief
to focus on prevention rather than reacting to problems after they
occur. Sexual harassment can happen in any workplace, to any employee,
and it is the employer’s responsibility to prevent and to immediately
respond and correct the types of problems we saw in this case.”
According to the company’s website, www.firststudentinc.com,
First Student provides student transportation services to schools in
over 1,500 school districts in 42 states, transporting 6 million
students across the country every day.