Grocery chain with locations in Centre County to pay $75K to settle harassment lawsuit
A mid-Atlantic grocery store chain that operates five locations in Centre County agreed to pay $75,000 to settle allegations it subjected an employee to sexual harassment and disability discrimination.
Weis Markets reached the settlement after the U.S. Equal Employment Opportunity Commission filed a lawsuit against the company, the federal agency charged with enforcing civil rights in the workplace wrote in a statement Tuesday.
“The EEOC commends Weis Markets for working cooperatively and in good faith with the EEOC to find an appropriate resolution of this case,” EEOC regional attorney Debra Lawrence said in a statement. “This settlement provides fair compensation to the aggrieved employee in question, and going forward, it also promises to greatly benefit Weis Markets’ workers, the company, and the public interest.”
A message left Tuesday with a Weis spokesperson was not immediately returned.
The lawsuit alleged a male supervisor at Weis’ store in Juniata County subjected a female employee to a sexually hostile work environment, which included unwanted physical contact and sexual comments.
Another supervisor witnessed the inappropriate conduct, but failed to take action, the EEOC alleged. The agency also claimed the chain failed to stop the harassment after it was reported to a general manager.
The worker was later required to participate in the company’s employee assistance program as a mandatory condition of her employment, the EEOC alleged. It would have included mental health counseling despite the company lacking evidence that she was unable to perform essential functions of her job or presented a direct threat to herself or others.
When she refused to participate, the EEOC said she was suspended and later fired. The settlement was approved Monday by a federal judge, the EEOC wrote.
“Company-sponsored employee assistance programs are valuable resources for employees to seek and receive support for their personal and professional well-being and often involve delivery of behavioral health services,” EEOC Philadelphia District Director Jamie Williamson said in a statement. “But an employer requirement that an individual worker must participate may very well violate rights protected by the Americans with Disabilities Act, including the right to be free from medical examinations and disability-related inquiries that are not job-related and consistent with business necessity.”
Weis operates three locations in the Centre Region, one in the Bellefonte area and another in Philipsburg.
