Sactacular Holdings to Pay $35,000 to Settle EEOC Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

Qualified Male Applicants Denied Employment as Sales Associates Based on Their Sex, Federal Agency Charged
 

Raleigh, N.C. – Sactacular Holdings, LLC, doing business as Adam & Eve, an adult retail store, will pay $35,000 and provide other relief to settle a sex dis­crimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC’s complaint charged that a male applied for a job at Sactacular Holding’s Adam & Eve store on Capital Boulevard in Raleigh, N.C. According to the EEOC’s complaint, a female salesperson told him the company does not hire men for sales positions. The EEOC said that two months later, another salesperson at the company’s Clayton, N.C., store told him the same thing. The complaint alleged that Sactacular Holdings did not hire the male applicant and other qualified male applicants based on its policy of not hiring men for sales positions.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from refusing to hire an applicant because of the his or her sex. The EEOC filed suit in U.S. District Court for Eastern District of North Carolina, Western Division (EEOC v. Sactacular Holdings, LLC, d/b/a Adam & Eve, Civil Action No. 5:19-cv-00402) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

In addition to the monetary relief for the qualified male applicants, the two-year consent decree settling the suit requires that Sactacular Holdings adopt an anti-discrimination policy and provide training for all employees on Title VII and its prohibition against refusing to hire based on the appli­cant’s sex. The company is also required to post an employee notice about the lawsuit and employee rights under federal discrimination laws and to report regularly to the EEOC on its applicant pool and hiring during the decree’s duration.

“The EEOC will continue to take action to ensure employers do not violate Title VII by excluding people from certain jobs based on their gender,” said Kara Haden, acting regional attorney for the Charlotte District. “Applicants must be evaluated for jobs based on their qualifications without regard to their sex.”

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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