PETSMART WILL PAY $125,000 TO SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION LAWSUIT

Retailer Retaliated Against Woman Who Complained About Abuse, Federal Agency Charges

PHILADELPHIA  — PetSmart, Inc., the nation’s leading retailer of services and products for  pets, will pay $125,000 and furnish significant equitable relief to resolve a  federal sexual harassment and retaliation lawsuit filed by the U.S. Equal  Employ­ment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged in its lawsuit that  female employees were subjected to unwelcome sexual harassment by a store  manager who worked first at the company’s Pottstown  store and then at its Wyomissing store.  The EEOC said that the store manager’s sexually offensive conduct and  comments included repeatedly grabbing his genitals while talking to female  employees and making explicit sexual comments and sexual innuendoes.

Further, the EEOC charged, PetSmart  not only failed to take prompt and effective action to stop the harassment, as  required by law, but engaged in unlawful retaliation against a female manager after  she complained. The store manager allegedly  yelled at the woman, belittled her in front of subordinates, followed her  around the store and disciplined her despite her good job performance. As a result of the unrelenting harassment and  unwarranted retaliation, the EEOC said, she was forced to quit her job.

“Sexual harassment is unacceptable  and illegal at any workplace,” said EEOC Acting Chairman Stuart J.  Ishimaru. “The EEOC is strongly  committed to combating this kind of misconduct.”

Title VII of the Civil Rights Act  of 1964makes it unlawful to sexually harass an employee and to  retaliate against someone who complains about discrimination. The EEOC filed suit, Civil Action No.  08-cv-3527, in U.S. District Court for the Eastern District of Pennsylvania after  first attempting to reach a voluntary settlement out of court.

The two-year consent decree  settling the suit, which is pending court approval, provides important  equitable relief, including mandatory EEO training of all managers,  supervisors, and employees about employee rights and employer obligations under  Title VII; distributing the company policy prohibiting discrimination,  harassment and retaliation to all employees; and posting an EEO notice advising  employees of its policies against workplace discrimination.

“We  filed this lawsuit because all employees have the right to complain about  sexual harassment without suffering unlawful reprisals,” said EEOC  Acting Regional Attorney Debra Lawrence.  “We are pleased that the parties were able to resolve this matter and  that PetSmart agreed to a variety of corrective measures designed to prevent  future problems in the workplace.”

According  to its web site, PetSmart, Inc. is the largest specialty pet retailer of  services and solutions for the lifetime needs of pets. It operates more than 1,107 stores in the United States and Canada.

The EEOC enforces federal laws prohibiting employment  discrimination. Further information  about the Commission is available on its web site at www.eeoc.gov.