Dive Brief:
- A Golden Corral in Matthews, North Carolina, has agreed to pay $85,000 to settle claims that a supervisor subjected an employee to discrimination because of his disability and sex.
- Sean Fernandez, an individual with autism, worked as a dishwasher at the eatery. The U.S. Equal Employment Opportunity Commission (EEOC) filed suit on his behalf, alleging that, for almost two years, an assistant manager repeatedly called Fernandez names, threatened to sexually assault him and subjected him to unwanted physical contact. Fernandez complained to the general and district managers but, according to EEOC, the company failed to take effective action to prevent and correct the hostile work environment. The commission said Fernandez resigned because he was fearful of the supervisor.
- In addition to the monetary settlement, the franchisee, Jax, LLC, agreed to adopt an anti-discrimination policy, to conduct annual training for its employees and managers, to post a notice about the lawsuit and about employee rights under federal anti-discrimination laws at its restaurant and to provide periodic reports to the EEOC.
Dive Insight:
When employees lodge a complaint, employers must take it seriously. "Employers must take appropriate action to stop employees from harassing other employees," Kara G. Haden, acting regional attorney for the EEOC's Charlotte District, said in a statement announcing the Golden Corral settlement. "It is particularly problematic when the harassment is perpetrated by a supervisor. The EEOC takes the conduct and an employer's failure to stop it seriously, and will prosecute cases where this kind of abuse occurs."
When a complaint is lodged, HR must evaluate whether the allegations require an investigation. Such a review undertaken in good faith that ends with a "well-reasoned conclusion" is key to avoiding liability for harassment claims, experts told HR professionals at the Society for Human Resource Management's annual conference last month. Even if the employer's ultimate determination turns out to be wrong, liability can be avoided if you acted in good faith, Pavneet Singh Uppal said.
It’s also important to ensure that all employees have received notice of the company's policies and rules, such as your anti-harassment and anti-retaliation policies, Shayna Balch told attendees. You should review them at least yearly, and make sure you have proof that employees received the policies, she recommended.
