The U.S. Equal Employment Opportunity Commission has filed a lawsuit against Rock-Tenn of Conway, claiming the manufacturer violated federal law by subjecting female employees to sexual harassment by a male co-worker.
William A. Cash Jr., supervisory trial attorney for the EEOC, said information the agency gathered during an investigation shows that, beginning about January 2007, a female employee was subjected to sexual harassment in the form of touching, comments and requests for sexual favors.
"She talked to her employers, and they failed to correct it," Cash said. "Because they failed to protect her, she was forced to resign. After that, she filed a charge of discrimination with the EEOC. That gives us the ability to conduct an investigation."
Cash said the EEOC also discovered in its investigation that other female employees had been subjected to the same types of sexual harassment by the same male co-worker.
"After the investigation we decided it was an appropriate case for the EEOC to file a lawsuit on, on behalf of the women still there and the one forced to resign," Cash said.
According to a press release from the EEOC, "The EEOC's suit, Civil Action No. 4:08-CV-3127, filed in U.S. District Court for the Eastern District of Arkansas, Western Division, asserted that Rock-Tenn Company failed to take action to stop the sexual harassment by a male co-worker against a class of females after several complaints were made about his behavior. Sexual harassment violates Title VII of the Civil Rights Act of 1964."
Cash said if an investigation reveals a violation, the EEOC is required to attempt to resolve the charge without filing suite. Efforts to conciliate were unsuccessful in this case, he said.
"Basically, we attempt to negotiate with the company and see if there's some way to (resolve the issue) short of litigation. That generally would include paying damages to the women who were subjected to sexual harassment and making sure this kind of conduct doesn't occur in the future."
According to the press release, "The suit seeks monetary relief in the form of back pay and compensatory and punitive damages, reinstatement, and an injunction against future discrimination.
"The EEOC has asked the court to grant a permanent injunction enjoining Rock-Tenn from engaging in any employment practice that discriminates against female employees because of their gender. The EEOC has also asked the court to provide make whole relief, compensatory and punitive damages, and any other relief the court deems necessary and proper."
Cash concluded, "This type of case where there's egregious sexual harassment and it involves several victims is a priority for the EEOC, especially where the employees have gone to the employer and complained and it continues to be a problem."
Office personnel said members of Rock-Tenn's upper management team were out of town on Thursday and could not immediately be reached for comment.
(Staff writer Rachel Parker Dickerson can be reached by e-mail at rachel.dickerson@thecabin.net or by phone at 505-1277. Send us your news at www.thecabin.net/submit)
