Sept 2022 | Volume 14, Issue 2

Read the full article on ABC News

According to the article, the federal government is suing SkyWest Airlines on behalf of a former employee who says co-workers sexually harassed her, including asking her for sex and making explicit comments about rape in her presence.

The U.S. Equal Employment Opportunity Commission said in a lawsuit filed recently that SkyWest discriminated against the woman by subjecting her to a hostile work environment and retaliating when she complained. She eventually quit.

SkyWest said it holds employees to high standards.

“While it is our policy to not comment on pending litigation, we have zero tolerance for discrimination or harassment of any kind and have established processes in place to follow up on any reported concerns,” the airline said in a statement.

The EEOC sued in federal district court in Dallas and asked that the woman receive back pay and punitive damages to be determined by a trial.

The agency said the woman joined Utah-based SkyWest in 2007, and the harassment started after she transferred to the airline’s parts and maintenance operation at Dallas-Fort Worth International Airport in 2019, including comments by the maintenance supervisor. She told another supervisor that she “felt singled out as ... a young woman in a building full of men.”

The harassment caused the woman to take unpaid medical leave for about six weeks, and it continued when she returned. She was placed on administrative leave after filing a complaint with the airline’s human resources department, according to the lawsuit.

Some of the woman’s co-workers corroborated her claims during an internal investigation, and an employee-relations manager recommended mandatory sexual-harassment training for all employees, the EEOC said. Five months later, in May 2020, after getting no update on the investigation, the woman resigned.

SkyWest is a regional airline that operates flights for bigger carriers including American Airlines.

 

Discussion Questions

1. The article references the U.S. Equal Employment Opportunity Commission (EEOC). What is the EEOC? What are the responsibilities of this organization?

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal administrative agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination.

According to its website (www.eeoc.gov):

Overview

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Authority & Role

The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If we find that discrimination has occurred, we will try to settle the charge. If we aren't successful, we have the authority to file a lawsuit to protect the rights of individuals and the interests of the public and litigate a small percentage of these cases. When deciding to file a lawsuit, the EEOC considers several factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination.

We also work to prevent discrimination before it occurs through outreach, education, and technical assistance programs.

The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. EEOC assures federal agency and department compliance with EEOC regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, develops and distributes federal sector educational materials and conducts training for stakeholders, provides guidance and assistance to our Administrative Judges who conduct hearings on EEO complaints, and adjudicates appeals from administrative decisions made by federal agencies on EEO complaints.

Location

We carry out our work through our headquarters offices in Washington, D.C. and through 53 field offices serving every part of the nation.

(https://www.eeoc.gov/overview)

2. What is a “hostile work environment,” and how does this concept relate to sexual harassment law?

According to the EEOC website (www.eeoc.gov), a hostile work environment is one in which harassment-related offensive conduct “is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive…Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.” Sexual harassment is one type of employment discrimination that violates Title VII of the Civil Rights Act of 1964 (https://www.eeoc.gov/harassment).

3. As the article indicates after the plaintiff came forward with her claim, an employee-relations manager recommended mandatory sexual-harassment training for all employees. Is this an admission of liability by SkyWest Airlines? Why or why not?

This is not a legal admission of liability by SkyWest Airlines. A judge may exclude such evidence at trial or, even if the judge were to admit it as evidence, they would most likely instruct the jury not to consider it as an admission of liability in any way.