Los Angeles Sexual Assault Lawyer Blog

A large electronics store settled a sexual harassment case for roughly $2.5 million, after an employee complained that her assistant manager was relentless in his unwanted advances, and her direct boss fired her for reporting it.

Los Angeles Sexual Assault Lawyers view this case as somewhat unique in that it was not the accuser, but the messenger, who was essentially singled out by management.

What this illustrates is that victims of sexual harassment aren't the only ones who may become ensnared in what can be an ugly battle to suppress the truth and avoid a controversy. Retaliation is defined as any attempt to fire, demote, harass or take other negative action against someone because he or she has filed a complaint of sexual harassment or because they alerted management to a complaint. It encompasses every aspect of the job, including termination, pay, promotions, job assignments, training, layoffs, fringe benefits or any other condition of employment.

In this case, however, Fry's Electronics, a California-based company, was harshly chastised by the U.S. Equal Employment Opportunity Commission, which said that the company had gone to extensive lengths not only to silence the complainants, but also to destroy and withhold evidence. The company also reportedly employed abusive stall tactics that included filing numerous motions that were frivolous and without merit.

The company, which has more than 14,000 employees in stores across the country, vehemently denies it has done anything wrong.

Maybe you can decide for yourself. Here are the facts of the case, as reported by the Los Angeles Times:

A 20-year-old sales associate reported being uncomfortable, overwhelmed and stressed out by communication that her assistant manager was initiating. The assistant manager was said to have been incessantly calling and texting the junior worker. The text messages included commentary on her body, propositions for sex and invitations to join him at his home for drinks.

The younger worker expressed her distress to her direct supervisor. This was an individual who had reportedly obtained exceedingly positive remarks during his performance reviews. There had been no issues whatsoever regarding his job performance. That is, until he reported this issue to the company's legal department.

Within weeks, he was fired. He was told that it was due to a decline in his performance. It does not appear any negative action was taken against the female sales assistant, though one could argue that the action against the one person who spoke up on her behalf has a chilling effect on future complaints.

The assistant manager was allowed to stay, and it appears was never sanctioned.

Fry's says that it handled the situation appropriately. And although it says that it only settled in order to avoid a protracted legal battle, the court also fined it $100,000 for its handling of the case and abuses with regard to attempting to hide and destroy evidence.

In addition to the financial penalties, Fry's will also have to implement a three-year program to educate employees and supervisors on sexual harassment and on appropriate handling such incidents and complaints.