Jury Awards $105K to Male Employee in Sex Discrimination Case
In Arkansas, a jury has awarded more than $100,000 to a male surgical technician who filed an EEOC charge alleging he was discriminated against because of his sex.
The six-figure verdict is a reminder that federal Title VII protects all employees from sex discrimination in the workplace.
Employee Says Job Duties Were Limited Based on Gender
The surgical technician worked for Northwest Arkansas Hospitals, LLC, d/b/a Northwest Medical Center-Bentonville.
According to the technician, two female obstetricians in the labor and delivery unit prohibited him from performing most of the duties he was hired for because he’s a man.
The technician said he complained and escalated those concerns to the C-suite, but the hospital failed to follow its own anti-discrimination policy and did not intervene to end the discrimination.
He filed an EEOC charge, and the agency conducted an investigation.
Was It Sex Discrimination?
In the EEOC’s view, the alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work. After attempting to reach a pre-litigation settlement, the EEOC filed a lawsuit on the technician’s behalf.
At trial, a former company director testified that the technician was a victim of the hospital’s culture of discrimination.
The jury returned a verdict for the EEOC, awarding $5,000 in compensatory damages and $100,000 in punitive damages to the surgical technician.
The EEOC said it plans to petition the court for injunctive relief, including requiring the hospital to conduct training to prevent future sex discrimination, and will submit a bill of costs to be paid by the defendant.
Responding to Employee Complaints
How an employer handles a complaint can influence whether employees trust the reporting process. Recent research from Traliant found that employees place significant weight on how employers respond to workplace complaints.
When an employee raises a discrimination concern, employers should promptly acknowledge it, follow established workplace investigation processes, and document the employer’s response and outcome.
More info: EEOC Press Release
