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Press Release 08-31-2009

WILCOHESS WILL PAY $75,000 TO SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION LAWSUIT

Cashier at Winston-Salem Store Sexually Harassed by Store Manager and Forced to Resign, Federal Agency Charged

WINSTON-SALEM, N.C. – Winston-Salem-based gas station / convenience  store chain WilcoHess, LLC agreed to pay $75,000 and furnish substantial  non-monetary relief to settle a sexual harassment and retaliation lawsuit  brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC announced today that Judge Thomas D.  Schroeder, U.S. District Court Judge for the Middle District of North Carolina,  has signed and entered the agreement between the parties. In the lawsuit, the EEOC had charged that a  female cashier was subjected to a sexually hostile work environment and then  retaliated against by the company after she complained about the harassment.

According to the EEOC’s complaint (EEOC  v. WilcoHess, LLC, Civil Action No. 1:08-cv-00704, U.S. District Court for  the Middle District of North Carolina), WilcoHess subjected Bridgette L. Boston  to a sexually hostile work environment for approximately three months from  November 2006 to February 2007. The  harassment took place at the company's Akron Drive store in Winston-Salem and was perpetrated by the store's  then-manager. The EEOC had claimed that  the store manager propositioned Boston  for sexual favors, made frequent sexual comments to her about her body, and  touched her buttocks on at least one occasion.  The EEOC further claimed that Boston  reported the sexual harassment to her assistant manager, who in turn forwarded  the complaint to the district manager, but no action was taken to end the  harassment. Rather, according to the  EEOC, after Boston complained, the store manager  significantly reduced Boston's  work hours, which forced her to resign.

Sexual harassment and retaliation  for complaining about it violate Title VII of the Civil Rights Act of  1964. In addition to $75,000 in monetary  damages, the consent decree settling the suit provides for injunctive relief  preventing WilcoHess from discriminating against any person on the basis of sex  under Title VII, and from retaliating against anyone who complains about such discrimination. The decree also requires WilcoHess to post  its sexual harassment policy at all stores within the company’s Northern  Region, which includes approximately 68 stores in North  Carolina and Virginia. Further, the decree requires WilcoHess to  provide annual sexual harassment and retaliation training to all managers,  supervisors, and employees within its Northern Region, and to review its sexual  harassment policy with each new employee at the time of hire. Finally, WilcoHess agreed to provide the EEOC  with semi-annual reports of all written and verbal complaints of unwelcome sexual  conduct received from employees in the company’s Northern Region.

   

“Victims of sexual harassment and retaliation  in the workplace often suffer severe emotional and financial injuries that can  seriously affect their lives for years,” said Lynette A. Barnes, regional attorney  for the EEOC’s Charlotte  District. “It is the EEOC’s duty to pursue justice for  the damages those victims suffer, as well as relief aimed at preventing future  harassment by that employer.”

   

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on the agency’s web site at www.eeoc.gov.