EEOC targets third-party sexual harassment: Union pays $85K in latest settlement

Just days after announcing a $50,000 settlement to resolve a sexual harassment claim involving a customer, the EEOC issued another reminder that the agency is cracking down on third-party sexual harassment.

This time, the agency took aim at a union in Colorado.  And the third party was the union’s business agent. Here’s what happened:

Union’s agent crosses line, faces criminal charges

This case involved Teamsters Local Union # 455, a labor union located in Denver and Fort Morgan, Colorado, and a female union member.

According to the EEOC’s lawsuit, the woman – a UPS manager – had a scheduled meeting to discuss grievances. At the meeting, a male business agent of the union sexually harassed the woman. Specifically, the suit asserted that the agent asked others to leave the meeting and then:

• cornered the woman at her desk
• closed the blinds, locked the door and propositioned her for sex
• ran his hand up her thigh, and
• proceeded to spread his legs and touch his genitals in front of her.

The agent later pleaded guilty to criminal charges stemming from the incident. As a result, he was sentenced to 18 months of probation, required to complete community service, ordered to issue a letter of apology to the victim and barred by a restraining order from contacting the victim.  

EEOC: Unions also have obligations to protect against sexual harassment

The union agreed to pay $85,000 to settle the dispute. Under a consent decree, it also had to:

• Review and update its anti-discrimination policies to include a strong and clear commitment to preventing unlawful sex discrimination and harassment.
• Provide training to its officers, agents and employees.
• Post an informational flyer about workplace sex harassment at its Colorado office locations and on union bulletin boards at employer business locations where members are employed.

“It is important to remember that under Title VII, labor unions also have obligations to prevent workplace sexual harassment, and act promptly to stop any such conduct if it happens,” Amy Burkholder, director of the EEOC’s Denver Field Office, said in the agency’s announcement.

Info: Union Settles EEOC Sexual Harassment Case, 7/12/23.