National grocery chain Fred Meyer will pay $487,500 to seven workers employed at its Oak Grove, Ore., store and provide other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). This is the company's second such settlement in just over five years; in late 2008, the company also settled an EEOC sexual harassment lawsuit on behalf of three Oregon City store employees for $485,000.
According to the EEOC's lawsuit, female employees at Fred Meyer's Oak Grove store in Milwaukie, Ore., were sexually harassed by the same customer from at least 2007. The man visited the store almost daily, and often several times a day, and he would make lewd comments to both employees and customers, in addition to grabbing employees, cornering them, touching their breasts, and pulling one employee onto his lap.
The EEOC said the numerous complaints by female employees to store management and security were dismissed as "hearsay," even after store security videotaped the customer reaching over the checkout counter to grab a female associate. Employees were instructed that the customer could not be excluded from the store unless the security department personally witnessed him engaging in the offensive behavior, a management decision that forced many female employees to suffer his harassment for years.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and requires employers to take prompt action to investigate and to stop the behavior after they receive complaints. After first attempting to reach a voluntary settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Fred Meyer Stores, Inc., Civil Number 3:11-CV-00832-HA) in U.S. District Court for the District of Oregon. The case was set for trial starting June 5, 2014 before Federal District Judge Haggerty, who also presided over the Oregon City lawsuit before it settled. As before, Judge Haggerty has ordered a court-enforceable consent decree requiring Fred Meyer to revamp its policies, train its staff, and report to the EEOC future complaints of sexual harassment.
Preventing workplace harassment through systemic litigation and investigation is one of the six national priorities identified by the EEOC's Strategic Enforcement Plan (SEP).
Fred Meyer Stores, Inc. is a nationwide grocery chain with over 30,000 employees and 131 stores in the Pacific Northwest and Alaska. Fred Meyer is a wholly owned subsidiary of the Kroger Company, whose fiscal sales in 2013 totaled $98 billion dollars and employs more than 375,000 employees nationally. The Kroger Company is listed as one of the five largest retailers in the world.