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#EEOCToo: EEOC Illegal Harassment Litigation Developments

By Zachary A. Hummel on June 25, 2018
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In its latest enforcement move to address workplace harassment, the EEOC has filed seven different lawsuits since June 11 seeking damages and an end to alleged harassment across a broad spectrum of settings.  The lawsuits are spread across many different industries–from one of the nation’s largest trucking companies, to a staffing agency, and even a milk tea franchise. In three cases, the lawsuits seek to remedy harassment claims on behalf of a class of female workers, three cases involve single female victims, and one case claims male-on-male sexual harassment.

The lawsuits follow the latest session of the EEOC’s agency task force on workplace harassment that focused on sex-based misconduct and finding ways to build on the #MeToo movement. The lawsuits also comport with the agency’s strategic enforcement priorities to increase scrutiny of harassment that occurs in temporary, on-demand, and in other non-traditional employment settings.

“As the nation has seen over the past nine months, harassment at work can affect individuals for years in their careers and livelihoods,” said EEOC Acting Chair Victoria A. Lipnicin the EEOC’s press release on the filings. “There are many consequences that flow from harassment not being addressed in our nation’s workplaces. These suits filed by the EEOC around the country are a reminder that a federal enforcement action by the EEOC is potentially one of those consequences.”

The allegations in the lawsuits run the gamut of typical sexual harassment offenses–even in the one male on male harassment case. The victims allegedly suffered being subjected to unwanted and offensive sexual remarks, requests for sexual favors by managers, offensive touching and groping and a couple of the cases involve allegations of harassment by a company owner or executive.

The lawsuits are a reminder to employers that the impacts of the #MeToo reach beyond private litigants. Further, employers should be mindful that illegal sexual harassment is not just perpetrated by males as against females but includes employees of any gender engaging or subjected to in unwelcome conduct of a sexual nature, even male on male sexual harassment.

Photo of Zachary A. Hummel Zachary A. Hummel

Zachary Hummel focuses his practice in the areas of labor and employment law and has extensive experience advising clients in a wide variety of industries, including banking, finance, retail, health care, life sciences, hospitality, trucking, mining, manufacturing and service. He represents clients in…

Zachary Hummel focuses his practice in the areas of labor and employment law and has extensive experience advising clients in a wide variety of industries, including banking, finance, retail, health care, life sciences, hospitality, trucking, mining, manufacturing and service. He represents clients in federal and state courts and before administrative agencies in the full range of employment matters such as employment discrimination, wage and hour class and collective actions, illegal harassment (including sexual harassment), legally mandated leaves and retaliation. Zachary regularly advises clients on personnel issues that arise under these same topics in addition to disciplinary issues; hiring and termination; reductions in force; internal investigations; requests for accommodations; personnel policies, handbooks and manuals; and non-compete agreements.

Read more about Zachary A. HummelEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Letter
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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