Fred Meyer is being sued by the Equal Employment Opportunity Commission for alleged unlawful harassment of several female employees and a hostile work environment at its Richland store .
The allegations involve the same male clerk and date back as early as 2014.
The EEOC issued determinations in August 2023 that there was reasonable cause to believe women were being discriminated against and gave Fred Meyer opportunities to address the issue.
However, Fred Meyer did not provide an agreement that was acceptable to the EEOC, according to the lawsuit that was filed Tuesday in federal court in Eastern Washington.
Women who worked at the store reported that he leered at them and touched them, remarked on their bodies and appearance, propositioned them, followed them outside the store and forced them to interact with him despite being told repeatedly by the women to stop, according to the lawsuit.
They complained to managers from the department level at the Richland store up to corporate officials before the male clerk was fired in late 2021, according to the lawsuit. The lawsuit did not name him.
The Fred Meyer corporate office did not immediately respond Tuesday to a request for a comment on the lawsuit.
Harassment of apparel worker
The most extensive harassment described in the complaint was against a woman who worked as the accessories lead and was the backup person in charge in the apparel department. She filed the complaint with the EEOC.
Starting in May 2021, the male clerk repeatedly called her to override cash register mistakes even though she worked in a different department, according to the lawsuit.
In July 2021 he “wolf-whistled” her, called out “hello beautiful,” followed her around the store, stared at her and took breaks when she did, according to the lawsuit.
He parked his car close to hers and sat on the hood of his car and watched while she spent her breaks inside her car to avoid him.
The male clerk also waited for her outside the store after closing, according to the lawsuit.
She told him she did not appreciate his behavior and tried to avoid him, including asking a co-worker to escort her to her car at night.
One night he followed her car as she left the parking lot, according to the lawsuit.
She sent an email in June 2021 telling two managers at the Richland store that she was uncomfortable helping the male clerk and then reported him again when he followed her in his car.
The next month the apparel manager intervened, sending an email to the assistant store manager and store manager, reporting that she’d seen the male clerk’s unwanted attention to the woman.
The managers responded by telling the male clerk not to ask the woman for overrides, but did not address the other issues, according to the lawsuit.
In August 2021, he followed the woman for a second time as she left the parking lot until she took a sudden turn to lose him. He later asked her if he caught up with her, and the woman yelled at him to leave her alone, according to the lawsuit.
She sent another message to store management, and the male clerk was told to have no further contact with her.
Two months later, she sent another email to managers saying the male clerk was ignoring their no-contact instructions.
She also complained to the vice president of operations and the senior labor relations manager of Kroger, which owns and operates Fred Meyer , describing the harassment.
She received no response and shortly after that was assigned to work close to the male clerk’s work station, according to the lawsuit.
The next month he was still seeking her out, and she was hiding in a back room in the store to avoid him, according to the lawsuit.
Other harassment complaints
Other incidents alleged by the EEOC in the lawsuit include:
▪ The first complaint listed about the male clerk was an inappropriate comment to a female employee in May 2014, which was documented in his personnel file.
▪ Starting in 2017 the male clerk began making sexual comments to a 17-year-old apparel associate, inviting her to his cabin, following her home in his car, waiting for her after work and approaching her during work hours.
She reported the conduct to department managers, but nothing was done to stop his conduct, which continued through 2021.
▪ In March 2021 the male clerk stared at a female employee, commented on her body and touched her. He was suspended for a few days and was given what was described as a final warning, instructing him to behave professionally.
▪ In August 2021 he stared at a female clerk, followed her and made inappropriate sexual comments until she resigned in December 2021. She complained to an assistant store manager, who did not conduct an investigation, said the lawsuit.
▪ In the fall of 2021 the male clerk made comments to another manager about her appearance, leered at her and followed her to the parking lot at night, said the suit. In December he showed her an ad for a short, revealing dress and told her she would look good in it.
Fred Meyer then fired the clerk, according to the lawsuit.
The EEOC is asking that Fred Meyer be ordered to pay punitive damages to women who were harassed; pay compensation to employees for emotional pain, suffering and loss of enjoyment of life; and pay compensation for to female employees who suffered financial losses due to discrimination.
It also is asking that Fred Meyer pay the EEOC for costs connected to the lawsuit.
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