According to the EEOC, the victims of the case, two cashiers working at Love's Buckeye, Ariz., location, aged 18 and 20 at the start of their employment in 2005, were sexually harassed frequently. The cashiers detailed extensive sexual harassment [image-nocss] caused by truck drivers, some of whom were regular customers of Love's. The EEOC alleged that Love's customers sexually harassed the cashiers by engaging in conduct that included unwanted sexual touching and pressing; crude and obscene remarks; sexual demands and innuendos; handing one victim an obscene card; and demands for personal information.
Some of this abusive behavior was committed in front of other customers, the EEOC said.
The EEOC maintained that Love's knew about and tolerated this sexually hostile work environment caused by its customers. Further, the EEOC charged, despite Love's knowledge about the harassment, the company not only failed to take reasonable steps to stop the harassment, but at least one manager laughed about it, and another manager said the harassment was to be expected because it is a truck stop. Managers also told the victims to "deal with it" and in particular to tolerate the misconduct of one repeat offending customer because "he's always like that."
A Love's spokesperson said that the firm disagrees with the lawsuit's allegations. "We settled this case strictly for business reasons, and we remain committed to ensuring our nearly 8,000 employees across the country work in an environment free from harassment of any kind," Christina Dukeman, communications manager, told The Arizona Republic.
Sexual harassment violates Title VII of the Civil Rights Act of 1964.
The EEOC filed suit in U.S. District Court for the District of Arizona (EEOC v. Love's Travel Stops & Country Stores Inc., Civil Action No.CV-07-1843-ROS), after first attempting to reach a voluntary settlement out of court through its conciliation process.
In addition to the settlement requiring Love's to pay $70,000 to the former cashiers, Love's also must investigate complaints of sexual harassment, provide training for managers and supervisors on conducting sexual harassment investigations and post a warning that harassment of Love's employees will not be tolerated.
"Employers are liable for the harassment of their workers by nonemployees on their property, when they knew or should have known about the harassment and failed to take corrective action," said EEOC regional attorney Mary Jo O'Neill of the Phoenix district office, which originated the legal action. "This settlement agreement sends a message to Love's and other companies that they must promptly address the harassment of employees by their customers."
Oklahoma City-based Love's operates more than 200 locations in 30 states.
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