Federal Suits Charge Employers Failed to Protect their Employees from Hostile Work Environments and Retaliated Against Those Who Complained
ST. LOUIS –The U.S. Equal Employment Opportunity Commission (EEOC) filed three lawsuits today alleging sexual harassment and retaliation for reporting harassment in violation of Title VII of the Civil Rights Act of 1964.
“The EEOC is committed to promoting equal opportunity for all workers, and that includes removing barriers such as sexual harassment,” said Andrea G. Baran, regional attorney of the EEOC’s St. Louis office. “Unfortunately, some employers fail to adequately protect their employees from harassment or retaliate against workers who report unwelcome sexual conduct. In some cases, business owners themselves engage in unlawful behavior. These cases demonstrate that work remains to be done to ensure all workers are free to do their jobs without fear of being harassed.”
The EEOC filed:
- EEOC v. Genesh, Inc., Case No. 2:24-cv-02445, in the S. District Court for the District of Kansas. The agency alleged the Burger King franchisee’s supervisors sexually harassed numerous female employees, including teenagers, at restaurants in Lawrence, Kansas and Derby, Kansas. The harassment included sexual comments, inappropriate touching, and—in one case—unwanted intercourse. Corporate-level management knew about the harassment but failed to take action. In one instance where a female employee complained, management removed her from the schedule, refused to allow her to return to work for months, and permitted her harasser to continue working without investigation.
- “Sexual harassment continues to be a problem in the fast-food industry,” said Lauren W. Johnston, assistant regional attorney for the EEOC’s St. Louis District. “It is imperative that workplaces that commonly employ teenagers must take reasonable steps to protect them from harassment and sexual abuse.”
- EEOC v. Sofidel America Corp., Case No. 24-cv-00462-JFJ, in the U.S. District Court for the Northern District of Oklahoma. The agency alleged the international manufacturer of paper products fired a woman from its Inola, Oklahoma paper mill for obtaining a protective order against a male coworker. The woman sought a protective order after reporting the coworker’s harassment which included lewd comments, sexual innuendo, and forcibly trying to kiss her. The company did nothing to safeguard her from continued harassment; instead, it fired her when she notified human resources of the protective order.
- EEOC v. Sunrooms and More Design Center, Inc., Case No. 5:24-cv-01016, in the U.S. District Court for the Western District of Oklahoma. The suit alleged one of the owners of the home improvement and design company harassed female employees on a near daily basis. The owner openly made sexually charged comments and touched female employees without their consent. The unwelcome conduct was reported to another owner but the company took no action to address the complaints, and instead withheld one female employee’s bonuses, leading to her constructive discharge.
These employers’ alleged conduct violated Title VII of the Civil Rights Act, which prohibits discrimination, including unlawful harassment, based on race, color, religion, sex, and national origin, and retaliation against employees who complain about unlawful conduct. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its administrative conciliation process in each of the three cases.
“The EEOC is committed to helping both employers and employees create workplaces free from harassment,” said David S. Davis, district director of the EEOC’s St. Louis office “The agency’s recently updated Enforcement Guidance on Harassment in the Workplace is available to everyone and includes concrete examples to help prevent harassment and ensure the safety and dignity of all workers.”
In fiscal year 2023, the EEOC received more than 7,700 charges of sexual harassment in the nation’s workplaces, the highest number in 12 years and up nearly 25% from the previous year.
For more information on sexual harassment, please visit https://www.eeoc.gov/sexual-harassment. For more information on retaliation, please visit https://www.eeoc.gov/retaliation. For more information for educating youth on their workplace rights, please visit https://www.eeoc.gov/youthwork.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.
