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Press Release 09-30-2024

EEOC Sues Advance Auto Parts for Maintaining Hostile Work Environments for Gay and Black Workers

Federal Agency Charges Automotive Retailer Failed to Protect Workers from Harassment by Co-Workers and Customers

MIAMI – Advance Auto Parts, an automotive parts retail chain, violated federal law when it allowed its employees and customers to subject gay and Black employees to hostile work environments based on their race and sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the lawsuit, employees at Advance Auto Parts refused to follow instructions from an assistant manager because she is gay, calling her derogatory names targeting her sexual orientation. Black employees were also called the “n-word” by their coworkers, and a customer said he would pay a Black employee “the same thing [your] grandfather was paid for picking cotton.” Advance Auto Parts failed to take prompt corrective action to stop the harassment, the EEOC said. 

Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of sex and race. The EEOC filed suit (EEOC v. Advanced Auto Parts, Inc., Discount Auto Parts LLC, Case No. 24-cv-81200) in U.S. District Court for the Southern District of Florida after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“Employers have a duty to investigate and address race and sex-based offensive behavior,” said EEOC Miami Regional Attorney Kristen Foslid. “Any employer who intentionally fails to address this type of discriminatory conduct against workers in protected categories will face the legal consequences of that inaction.”

The EEOC’s Miami Office Director Evangeline Hawthorne said, “It is unacceptable that these types of attitudes persist in our workplaces today. The EEOC will do everything in its power to hold employers responsible for allowing hostile work environments.”

For more information on hostile work environments based on sex and race, please visit: https://www.eeoc.gov/harassment. For more information on race and color discrimination, please visit https://www.eeoc.gov/racecolor-discrimination. For more information on sex-based discrimination, please visit https://www.eeoc.gov/sex-based-discrimination.

The EEOC’s Miami District Office is comprised of the Miami, Tampa and San Juan offices, and has jurisdiction over Florida, Puerto Rico and the U.S. Virgin Islands.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.