EEOC Sues Employer for Sexual Harassment and Retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting sexual harassment and retaliation.

On September 24, 2021, the EEOC announced suit against general construction company Focus Companies Group of Nevada (Focus) for sexual harassment, retaliation, and “constructive discharge” (i.e., forced resignation).

The complaint alleges Focus violated federal law by subjecting female workers to forcible kissing, coercive touching of male genitalia, unwanted grabbing and groping of body parts, sexually offensive and vulgar language, and lewd facial expressions.

The EEOC also contends Focus management threatened the women with acts of violence if they did not acquiesce.

The lawsuit seeks monetary damages for the victims and injunctive relief to prevent and correct discriminatory practices.

EEOC regional director Michael Mendoza commented, “It is imperative that employers, especially those whose workforce has been historically male, understand their responsibility to implement strong anti-harassment and retaliation policies.  The responsibility falls on the employer to create a harassment-free working environment for all its employees.”

Take-Aways:

Employers must effectively respond to employee sexual harassment complaints.  In conjunction with skilled sexual harassment prevention training and properly-crafted anti-harassment policies, management should ensure workers correctly report and managers properly investigate, document and resolve various forms of unlawful harassment, discrimination and retaliation.

We provide live webinar prevention training for all California employees for a flat fee.  We also provide anti-harassment policies within our employee handbook.  Contact officemgr@tbowleslaw.com for more information and to schedule your webinar.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Workplace Coordination, Defined – Our Employee Policy Handbook & Forms for 2021 (July 22, 2021)
• Cautionary Tale 35 – Over the Borderline – State Agency Settles Sex and National Origin Case for $450,000 (September 13, 2019)
• Cautionary Tale 33 – Choke the Jokes – EEOC Settles Tex-Mex Restaurant Servers’ Sexual Harassment Case for $40,000 (August 15, 2019)

Cindy Bamforth
September 30, 2021