EEOC Updates on Sexual Discrimination
Heather Roberts Fox and Lanka P. Karunaratne
APA Science Directorate
Here are some updates on several important sexual discrimination cases that
we have recently been following. Please direct all questions and comments to
Heather Roberts Fox at hrfox@apa.org.
EEOC Settles Major Harassment Cases
Following the landmark 1998 U.S. Supreme Court opinion that same-sex
harassment violates Title VII of the Civil Rights Act of 1964, the Equal
Employment Opportunity Commission (EEOC) has settled its first class action suit
alleging sexual harassment against men by male coworkers. Readers may recall
that the U.S. Supreme Court ruled in Oncale v. Sundowner Offshore Services,
Inc., 96_568 (1998) that same-sex sexual harassment was actionable under
Title VII (see October 1998 TIP).
In the current case, the Long Prairie Packing Company, Inc. (LLP), a meat
packing plant in Long Prairie, Minnesota, reached an agreement with the EEOC to
pay $1.9 million dollar settlement to former and current male employees who have
been victims of sexual harassment by other male employees. The lawsuit filed on
August 11 also alleged that LPP engaged in a pattern of disability-based
harassment by men against men, as well as retaliation against individuals who
opposed the harassment. Both parties were able to come to an agreement solely
through negotiation as opposed to extensive litigation. The settlement does not
represent any admission of wrongdoing by LPP, but includes a "zero
tolerance" harassment policy.
In another, larger settlement, Ford Motor Company has agreed to pay female
employees alleging sexual harassment, racial harassment, harassment on the basis
of sex, and retaliation for complaining to management about the harassment, a
whopping $8 million in damages. An independent three-person panel will be
appointed to oversee the execution of the terms of the agreement and Ford's
enforcement of its harassment policies. Ford will also undertake the task of
training all of its employees on the prevention of job discrimination and the
panel-approved policies via a projected $10 million training program. In
addition, Ford will take appropriate measures necessary to increase female
representation in supervisory positions, with a goal of placing women in 30% of
the entry supervisory openings at the Chicago Stamping and Assembly Plants over
the next 3 years.
EEOC Modifies Final Rule on Discrimination
On October 29, EEOC issued an interpretive final rule rescinding specific
paragraphs of the EEOC's Sex Discrimination Guidelines, found in 29 CFR
1604.11(c), and National Origin Discrimination Guidelines, found in 29 CFR
1606.8 (c), that set a standard for employer liability for harassment by
supervisors. Issuance of the rule follows the June 1999 release of EEOC's
comprehensive policy guidance on vicarious employer liability for unlawful
harassment by supervisors. The policy guidance analyzed the U.S. Supreme Court
rulings in two cases, Burlington Industries v. Ellerth, 524-742 (1998)
and Faragher v. City of Boca Raton, 524-775 (1998), and concluded that
subsection (c) of its guidelines on workplace bias based on sex and national
origin is no longer valid due to the Court's rulings (see October 1998 TIP).
The Court ruled that employers are "vicariously liable" for harassment
by supervisors that culminated in a tangible employment action. However, if the
harassment did not result in a tangible employment action, the employer is
liable unless it proves that: (a) it exercised reasonable care to prevent and
promptly correct and harassment; and (b) the employee unreasonably failed to
complain to management or to avoid harm otherwise.
A text of the final rule can be found in the Federal Register or on
the EEOC web site (www.eeoc.gov). Further
guidance on harassment can be found in the "1999 Guidance on Employer
Liability for Unlawful Harassment by Supervisors," and "Questions
& Answers for Small Employers on Employer Liability for Harassment by
Supervisors." These documents can be found on EEOC's web site (www.eeoc.gov)
or by calling the EEOC's Publications Distribution Center (800-669-3362).
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