Pennsylvania supermarket fires sexually harassed employee, authorities say

PITTSBURGH, Pennsylvania (WTAJ) — Weis Markets has agreed to pay $75,000 after the company allegedly fired an employee who sexually harassed her, the U.S. Equal Employment Opportunity Commission (EEOC) said.

According to the federal agency, a male supervisor at Weis Markets in Mifflintown subjected the female employee to a “sexually hostile” work environment, a lawsuit says. That included unwanted physical contact and sexual comments. The agency claims another supervisor witnessed some of those things and took no action to stop them.

The agency said when the employee contacted the store’s manager, Weis did not take appropriate steps to stop the harassment and prevent it from happening again.

The EEOC’s complaint also alleged that Weis later required the employee to participate in the company’s employee assistance program, which was a “mandatory condition” of her employment, including psychological counseling, despite there being reasonable beliefs that the employee was unable to perform the essential functions of her job or posed a direct threat to herself or others. The EEOC accused Weis Markets of suspending and ultimately firing her after she refused.

Weis and the EEOC reached a mutual agreement in federal court. On June 17, the court approved the settlement. In addition to paying the employee $75,000, Weis agreed to the following terms, according to the EEOC:

The company is prohibited from:

• Creating a sexually hostile work environment.
• Employees are required to participate in the EAP even if doing so would result in improper medical examinations or questions about their disability.
• Taking adverse action against employees for refusing to submit to improper medical or disability testing under the EAP.

“The EEOC commends Weis Markets for working cooperatively and in good faith with the EEOC to reach an appropriate resolution to this case,” said EEOC Regional Attorney Debra Lawrence. “This settlement provides fair compensation to the employee involved and also promises great benefits to Weis Markets employees, the company and the public interest in the future.”

According to the EEOC, Weis Markets is also required to create a policy for referring employees to the EAP, provide mandatory training on Title VII, the ADA and its new EAP policies, and report information to the EEOC about any future sexual harassment complaints or changes to its EAP policy.