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Press Release 09-12-2019

EEOC Sues Sactacular Holdings, LLC d/b/a Adam & Eve for Sex Discrimination

Company Did Not Hire Men for Sales Positions, Federal Agency Charges

RALEIGH, N.C. - Sactacular Holdings, LLC d/b/a Adam & Eve, a North Carolina limited liability company headquartered in Raleigh, N.C., violated federal law when it refused to hire Christopher Kilby and other similarly situated male applicants based on their sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.

According to the EEOC's complaint, Christopher Kilby applied for a job at Sactacular Holding LLC's Adam & Eve store on Capital Boulevard in Raleigh, N.C. in August 2017. The complaint alleges that when Kilby later returned to check on the status of his application, a female salesperson told Kilby the company does not hire men for sales positions. In October 2017, Kilby visited the company's Clayton, N.C. Adam & Eve store where a female salesperson confirmed to Kilby that the company does not hire men for sales positions, according to the complaint. The agency further alleges Sactacular Holdings LLC did not hire Kilby and other qualified male applicants based on its policy of not hiring men for sales positions.   

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees based on their sex. The EEOC filed suit in U.S. District Court for the Eastern District of North Carolina, Western Division (EEOC v. Sactacular Holdings, LLC d/b/a Adam & Eve, Civil Action No. 5:19-cv-00402) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory damages and punitive damages, as well as injunctive relief.

"Employers must base hiring decisions on an applicant's ability to do the job, not on one's gender," said Lynette A. Barnes, regional attorney for EEOC's Charlotte District Office. "Companies that refuse to hire entire classes of applicants not only violate the law, but also deprive themselves of an entire pool of qualified workers."

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at Stay connected with the latest EEOC news by subscribing to our email updates.