Sexually Hostile Work Environment Settlement

An Equal Employment Opportunity Commission (”EEOC”) regional attorney is quoted in an April 9, 2009 EEOC Press Release as saying that “Under federal law, employers are required to maintain an environment free of sexual harassment and retaliation.”  In this regard, the EEOC enforces federal laws prohibiting employment discrimination, and, in its April 9, 2009 Press Release, the federal agency announced that Cracker Barrel Old Country Stores, Inc. will pay $255,000.00 and provide other relief to settle a sexual harassment and retaliation lawsuit filed by EEOC attorneys in Tennessee.  According to the EEOC Press Release, the EEOC’s lawsuit charged that the Tennessee based restaurant chain allowed its general manager, managers, and other male employees to subject a class of women at its Cedar Bluff, Tennessee location to sexual harassment and retaliated against at least two of them.  The Press Release stated further that the general managers, other managers and male employees allegedly made repeated and unwanted sexual jokes and lewd remarks.  See, http://www.eeoc.gov/press/4-9-09.html .  Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.  Further information about the EEOC may be found in the agency’s website at www.eeoc.gov .

In Texas, the Texas Workforce Commission Civil Rights Division (”TWCCRD”) enforces the Texas Commission on Human Rights Act; which has been codified in to Texas Labor Code, Chapter 21.  According to the TWCCRD “Employment Discrimination Fact Sheets,” sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil rights Act of 1964.  See, http://www.twc.state.tx.us/crd/facts.html .  As stated by the TWCCRD, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Whether unlawful sexual harassment creates a hostile work environment in Corpus Christi, Houston, San Antonio or elsewhere, sexual harassment victims may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney or lawyer to determine if a sexual harassment class action lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sex discrimination claim.