Days after former Miami Dolphins head coach Brian Flores sued the NFL and others for discrimination, another discrimination lawsuit is in the news. But this time the alleged discrimination took place in the retail industry.
The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today that a Walmart store in Iowa violated federal law when it gave a Black female employee an unsanitary lactation space based upon her race and failed to promote her based on sex stereotypes about mothers with small children.
TheEEOC saidit is seeking back pay, compensatory damages and punitive damages for the former employee, as well as injunctive relief to prevent future discrimination.
Statement From Walmart
A Walmart spokesperson said that, “We do not tolerate discrimination of any kind, and diversity and inclusion is a key company priority.
“We take allegations like this seriously and tried for the past two years to resolve this matter with the EEOC to avoid litigation. We will address the claims in Court after we are served.”
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Cases On The Rise
According to the U.S. Equal Employment Opportunity Commission, there were more than 21,000 filed charges of sex discrimination in fiscal year 2020, up by more than 31% from 2019. Race discrimination lawsuits increased by almost 32% over the same period. Several of those lawsuits created negative publicity for companies and organizations and hurt their image and reputation.
Nicole Porter is a law professor The University of Toledo and teaches classes on employment law. She said that, "Despite two decades-old laws prohibiting sex discrimination sex discrimination remains prevalent in many— perhaps most—workplaces.
“But the prevalence of such discrimination varies widely from one workplace to another. Workplaces where sex discrimination runs rampant are generally in male-dominated industries that are often infused with a macho, uber-competitive culture and authoritative management styles,” she observed.
“Workplaces that are very hierarchical with extremely rigid rules tend to be less hospitable to women (and other subordinated groups, such as people with disabilities, people of color, and LGBT+ employees),” Porter noted.
EEOC’s Walmart Investigation
According to a press release from the EEOC, the agency’s pre-suit investigation revealed that “Walmart failed to promote the employee to a management position at its Ottumwa store because it assumed she would not remain with the company long due to her having a newborn at home.Walmart also gave her an unsanitary storage closet to express her breast milk, a facility that was inferior to the clean office space it provided to a White employee for the same purpose.”
TheEEOCsaid it filed suit in U.S. District Court for the Southern District of Iowa, after first attempting to reach a pre-litigation settlement through its conciliation process.
“It is inexcusable and unlawful that qualified women are still facing these kinds of discriminatory barriers to career advancement in the workplace,” said Gregory Gochanour, regional attorney for theEEOC’s Chicago District Office. “Federal law clearly prohibits employers from making discriminatory promotion decisions based on sex stereotypes and requires employers to provide equal working conditions for their employees regardless of race.”
Advice For Business Leaders
Porter at The University of Toledo said, “Employers hoping to avoid the negative effects of discrimination, which includes possible legal liability as well as damage to their reputation, should scrutinize their entire management structure and culture.
“Women should have a seat at the table at all levels of management. Rigid workplace rules and norms should be scrutinized to determine if they can be justified (and “this is the way it has always been” is not a justification). The better workplace cultures will have management that empowers all employees to work together to excel at their jobs, while giving them as much autonomy as possible.”
‘Discrimination Is Preventable’
Attorney Nirupa Netram has more than two decades of experience in the legal, corporate, and government sectors in the areas of law, compliance, human resources, and operations. She said that, “The good news is discrimination is preventable. Businesses should send a clear message that their organization does not tolerate discrimination or any other form of illegal and/or unethical conduct.
Policies And Reporting Procedures
“Leaders must ensure their company has anti-discrimination policies, which comply with applicable federal, state, and local laws. Such policies are typically written by an attorney with experience in labor law and that attorney should review such policies annually and revise them, if necessary,” she noted.
Netram said,“Additionally, as part of those policies, the organization should have a written mechanism for employees to internally report instances of suspected discrimination. The organization should regularly (at least annually) communicate its policies and reporting methods to its employees.
Mandatory Training
“There should also be mandatory training for every employee annually on how to recognize, prevent, and report workplace discrimination. If an employee reports an instance of discrimination, the company should promptly and thoroughly investigate the claim neutrally, which, depending on the circ*mstances, may involve using an outside, third-party entity to conduct the investigation,” she advised.
Take Appropriate Actions
“And, if an investigation reveals the complaint has merit, the business must take appropriate action, including separating the offender, if warranted, without delay. This sends a clear signal of the company’s strong commitment to an ethical and inclusive workplace, which is vital to the success and longevity of the business, including its employees,” Netram concluded.
