• 21
  • December
    2011

A settlement of more than $2 million for sexual harassment of seven workers has been reached with Blockbuster Inc. The Equal Employment Opportunity Commission allowed the agreement to pay following charges that several female temporary workers had been subjected to sexual harassment and retaliation for resisting sexual advances and making complaints.

In addition to charges made in the 2007 lawsuit for sexual harassment, Blockbuster Inc. admitted that four workers had endured racial harassment for their Hispanic origin in a Blockbuster distribution center in Maryland in previous years. The lawsuit makes an important statement to employers in California and across the nation that such discrimination and harassment is not lawful and that a high penalty will be assessed upon employers that allow it to occur. The law applies equally to the many temporary workers that are hired in every state.

Workers had been dismissed after complaining, and after Blockbuster did not take any preventative action to correct the problems. Racial harassment violates Title VII of the 1964 Civil Rights Act. This large monetary settlement amount underscores the seriousness of violations of sexual harassment and racial discrimination laws. Blockbuster has a petition for bankruptcy currently pending in U.S. Bankruptcy Court and has already closed most of its operations.

These laws extend to employers using a staffing company to hire workers. If the staffing company violates these same laws, employers using those staffing companies are liable for a harassment or discrimination lawsuit. It is the employer's responsibility to create a system that will protect, detect and respond to any abuse of temporary workers, even when the staffing company is paying the workers directly.

California employers and others must adhere to all labor laws. If you believe you have been discriminated against for racial origin, or if you have experienced retaliation or sexual harassment on the job, contact an employment discrimination and harassment attorney. Your rights can be protected; no employee is to be forced to endure these types of harassment from any employer.

Source: Business Insurance, "Blockbuster settles sexual harassment, retaliation charges for $2M," Dec. 15, 2011