The Law @ Work

EEOC Continues Its Pursuit of Same-Sex Sexual Harassment Claims

Last month we discussed the Equal Employment Opportunity Commission’s (EEOC) focus on pursuing same-sex sexual harassment claims here.  The trend continues.  On January 22, 2012, the EEOC filed suit against Metro Special Police & Security Services, Inc., a provider of private security and public safety services.  The complaint alleges that three male officers, as well as a class of similarly-situated male employees, were subjected to sexual harassment by a captain and lieutenant employed by the company.  Specifically, the complaint alleges that, among other things, the captain made offensive comments to his male subordinate employees, asked them for nude photographs and solicited male employees for sex.  He also allegedly touched the chest and genitals of some male employees.  In addition, the complaint alleges that the captain offered promotions to male employees in exchange for sex.  Both the captain and lieutenant allegedly forced male employees to accompany them to gay strip bars while on duty.  The complaint further alleges that, despite complaints from the affected employees, the company’s owner/CEO failed to take any action to prevent and correct the harassment.  In fact, according to the EEOC, the company engaged in illegal retaliatory conduct, because certain employees who complained were suspended, demoted and/or discharged.  The EEOC’s press release regarding the lawsuit can be found here.

In light of the fact that the EEOC reports that complaints of discrimination based on sex (which include sexual harassment claims) have increased in its past fiscal year, employers are reminded to review their sexual harassment policies and ensure that all managers receive appropriate training on a regular basis.  Employers are further reminded that all sexual harassment complaints must be taken seriously, regardless of whether the alleged harasser or reporting employee is male or female.

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