EEOC Sues Teamsters Local Union #455 for Sexual Harassment

BOULDER, Colo. – Teamsters Union Local #455, a certified collective bargaining representative and labor organization, violated federal law when it failed to take action against its business agent, despite notice that he previously sexually harassed and verbally assaulted other females, the U.S. Equal Employ­ment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.

According to the EEOC’s suit, in September 2020, during a meeting between the male business agent and a female UPS supervisor, he asked others to leave the office where he then cornered her at her desk, propositioned her for sex in the office with the blinds closed and doors locked, ran his hand up her thigh, and proceeded to spread his legs and touch his private parts in front of her.

Over the next day and a half, the UPS supervisor reported the incident to UPS officials and filed a charge with the Boulder Police Department. The Teamsters’ business agent pled guilty to the criminal charge in Boulder County Court. The business agent's conviction resulted in an 18-month probation sentence, a community service requirement, a letter of apology, and a restraining order.     

Teamsters had been previously aware of similar conduct by the business agent, who is supervised by the union president. Teamsters failed to take appropriate remedial measures despite being placed on notice of two prior incidents against women, the EEOC said.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace and also prohibits retaliation against employees who oppose such miscon­duct. The EEOC filed suit in U.S. District Court for the District of Colorado (Equal Employ­ment Opportunity Commission v. Teamsters Local Union #455, Civil Action No.: 1:22-cv-2520) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. The EEOC seeks back pay, compensatory damages, and punitive damages for the woman who filed the discrimination charge, as well as injunctive relief to prevent future harassment and retaliation in the workplace.

“The law requires employers as well as labor organizations to refrain from creating or allowing a hostile work environment in the workplace,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office. “Unions are not exempt from the requirement to prohibit their agents from engaging in sexual harassment.”

EEOC Denver Field Director Amy Burkholder added, “Sexual harassment continues to be an all-too-common occurrence and the EEOC is committed to holding employers and labor organizations accountable.”

For more information on sexual harassment, please visit https://www.eeoc.gov/sexual-harassment.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.