A Case Of The Mondays
delivers up-to-date coverage of new developments affecting employers and employees alike.
For more information about our employment and labor practice, please contact Natalie Klyashtorny either via email at natalie.klyashtorny@nochumson.com or by telephone at (215) 399-1346
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On the first Monday of each month, between the hours of 6:00 p.m. and 8:00 p.m., our firm provides free 20-minute legal consultations either in person at our office or via telephone. To reserve a timeslot for our next First Mondays at Nochumson P.C., you may either e-mail us at first.mondays@nochumson.com or call us at (215) 399-1346.
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LOWE'S SETTLES SEXUAL HARASSMENT LAWSUIT FOR $1.72 MILLION
By Natalie Klyashtorny
Lowe’s Home Improvement Warehouse, Inc., the second largest home improvement retailer worldwide, has agreed to settle for the sum of $1.72 million a lawsuit brought on behalf of a group of former employees who were allegedly subject to a sexually hostile work environment and alleged retaliation for complaining about it.
The former employees allegedly suffered from widespread and repeated sexual harassment by male and female managers and coworkers at a Lowe’s store in the state of Washington. The sexually hostile workplace, which endured for more than six months, included physical and verbal abuse which culminated in one instance of sexual assault.
Among the many allegations in the litigation which had been pending in federal district court in Washington was that the female employee, age 21 at the time, was sexually assaulted by a 44-year-old male store manager in his office. Prior to the alleged assault, she had been allegedly propositioned for sex by the manager related to a recent promotion she received. The Equal Employment Opportunity Commission, which brought suit on behalf of the former employees, asserted that Lowe’s not only failed to take prompt remedial action to stop the sexual harassment, but also fired the 3 victims in the case.
In addition to the monetary relief for the victims, the 3-year consent decree resolving the case requires Lowe’s to provide comprehensive training to management, non-management, and human resources employees in all Washington and Oregon stores. Employees will be trained on what constitutes harassment and retaliation, and on their obligation not to harass or retaliate against any individual. Managers and supervisors will be trained on what constitutes harassment and retaliation, their obligation to provide a discrimination-free work environment, and their responsibilities if an employee complains about harassment or retaliation, or if they observe it. Human resources personnel will be trained on what constitutes harassment and retaliation, how to institute policies and practices to correct past discrimination and prevent future occurrences, informing complainants about the outcome of internal investigations, and the steps Lowe’s will take to assure a discrimination-free workplace in the future.
In addition to the comprehensive training and monetary relief, the consent decree requires Lowe’s to revise its sexual harassment and anti-retaliation policies, issue an anti-harassment statement to all employees in Washington and Oregon, revise its method for tracking employee complaints of harassment, and report regularly to the EEOC on harassment and retaliation complaints which arise in the Washington and Oregon stores during the term of the decree.
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