EEOC v. Fred Fuller Oil Co. No. 0CV6B (D.N.H. July 5, 2005)
In this Title VII case, the New York District Office of the EEOC alleged that defendants Fuller Oil Co. and Fuller's Convenience Store subjected female employees at various New Hampshire locations to a sexually hostile work environment; the District Office also alleged constructive discharge and retaliatory discharge. Defendants' owner, Frederick Fuller, subjected several female employees to lewd language, sexual advances, and unwelcome touching. After a particularly unsettling incident, one charging party quit her job and filed a criminal sexual assault complaint. Fuller discharged women who opposed his conduct, and forced a woman out of the company because she refused to lie about the harassment to investigators.
Under the consent decree resolving this case, which will expire on December 31, 2008, the oil company and its owner, Frederick Fuller, who was added to the suit as a defendant by intervenors, will be jointly and severally liable for paying a total of $780,000 in monetary relief to five women in three installments over 1 year (upon entry of the decree, 6 months after entry, and 1 year after entry). (The Convenience Store was released from obligations under the decree, as it is no longer owned or operated by Fred Fuller.) The women will receive cumulative amounts ranging from $220,000 to $70,000 each. The decree requires defendants to provide a work environment free from sex discrimination and sexual harassment and prohibits retaliation against any employee who exercises his or her rights under Title VII.
Defendants will contract with Employment Practices Group (EPG) of North Andover, Massachusetts, to develop EEO and harassment policies and complaint procedures and implement them for the duration of the decree at Fuller Oil's facilities throughout New Hampshire. If EPG determines that Frederick Fuller has sexually harassed any employee, Frederick Fuller will take appropriate remedial steps recommended by EPG including issuing a statement pledging to cease such conduct. Julie Moore, an attorney with EPG, will provide Frederick Fuller with 8 hours of sensitivity training, and she will provide the other managers with sexual harassment training outside Fred Fuller's presence.
For the duration of the decree, Fuller Oil will post a notice at all of its business locations informing employees of: (1) the resolution of the lawsuit, (2) defendants' obligations thereunder regarding sex discrimination, and (3) employees' right to file a charge with the EEOC or the New Hampshire Commission for Human Rights. Fuller Oil will submit quarterly reports to the EEOC on sexual harassment complaints and their resolution, and Frederick Fuller will sign a statement as part of the final report verifying his and Fuller Oil's compliance with the decree.
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