Grocery Store Chain will Pay $75,000 in a Cross-Over Sexual Harassment and Disability Discrimination Lawsuit Brought by the EEOC

According to the lawsuit, Weis Markets, a chain of grocery stores, illegally tried to compel an employee to participate in its employee assistance program after she complained about a supervisor’s alleged sexual harassment.?

The female employee alleged her male supervisor subjected her to a sexually hostile work environment that included unwanted physical contact and sexual commentary. Another supervisor witnessed the conduct, failed to act on it, and when the female employee reported all of this to the general manager, Weis Markets failed to take action to end the harassment and prevent recurrence the EEOC charged.?

The EEOC also alleged that following the female employee’s reporting, Weiss Markets required her to participate in the company’s employee assistance program (“EAP”) as a mandatory condition of her continuing employment, which would have included mental health counseling, despite the company lacking any reasonable belief based on objective evidence that she was unable to perform essential functions of her job or presented a direct threat to herself or others. When the female employee refused to participate in the company’s EAP, she was suspended and then fired.?

The EEOC and Weis Markets subsequently settled the case by a mutually agreed consent decree before the federal court made any findings concerning the EEOC’s claims. On June 17, the federal court approved the decree, resolving the litigation. In addition to paying $75,000 to the female employee, Weis Markets must take steps to prevent sexually hostile work environments, and may not require employees to participate in EAPs. Weis Markets is also required to create a policy about referral of employees to the EAP; provide mandatory training about Title VII, the ADA, and its new EAP policies; and report information to the EEOC concerning future sexual harassment complaints or revisions to its EAP policy.

EAPs can be valuable resources for employees to seek and receive support for their personal and professional well-being and often involve behavioral health services like counseling. Here, Weis Markets’ requirement that the female employee participate likely violated her rights under the Americans with Disabilities Act to be free from medical examinations and disability-related inquiries that are not job-related or connected to business necessity.?

This case is a perfect example of the landmines associated with employment law and employee relations issues. The EEOC commended Weis Markets for their cooperation and good-faith efforts to provide fair compensation to the aggrieved employee in question. The EAP requirement was likely someone’s attempt at “making it right,” but doing so without having the experience and knowledge to know made it much worse.? Outsourcing your HR functions, including employee relations issues, so they can be dealt with swiftly and with the requisite expertise limits exposure and can save you a lot of time, money, and trouble down the road. Let us know how we can help.