MN District Court Approves $300th Settlement in Sexual Harassment Suit Against Star Tribune

Holding:

The U.S. District Court for the District of Minnesota has approved as final a proposed settlement of a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) against The Star Tribune Company for more than $300,000 and significant remedial relief. The EEOC filed the suit on behalf of female employees led by Connie Hyde and Charlotte O’Brien at the plant which produces The Star Tribune newspaper, one of the nation’s largest papers. Under the consent decree, The Star Tribune will pay between $305,000 and $325,000, depending on the number of women who step forward. The monetary allocation applies to female employees in the mail room at the Heritage Production Facility between August 2005 and the present. The EEOC notified the women receiving distributions under the proposed settlement of the amount of the proposed distribution and told them of their right to object to the settlement. There were no objections.

Detailed Summary:

The complaint alleged that more than 30 days prior to the institution of this lawsuit, Hyde and O’Brien, former and current Star Tribune employees, filed charges with the EEOC alleging violations of Title VII by Star Tribune.

The complaint also asserted that during the relevant time period, Star Tribune engaged in unlawful employment practices at its Heritage Center facility, at 800 North First Street, Minneapolis, Minnesota, in violation of Sections 703(a) of Title VII, 42 U.S.C. § 2000e-2. Among other things, Star Tribune’s supervisors and employees subjected female employees, including Hyde and O’Brien to sexual harassment (including, but not limited to, propositions for sex, sexually suggestive conduct, favoritism towards female co-workers who participated in sexually provocative conduct, and sexual comments), which further created a sexually hostile work environment. Star Tribune, despite actual and constructive notice of the situation failed and refused to take prompt and appropriate action to correct the harassment and the resulting hostile environment.

The EEOC further stated in its complaint that the unlawful employment practices complained of were intentional. In its answer, The Star Tribune Company stated that supervisors were not involved in the conduct alleged; that the conduct alleged did not occur as described; and that The Star Tribune took prompt and appropriate remedial action to correct any inappropriate conduct alleged, even though it did not rise to the level of illegal sexual harassment.

Defendant company further stated in its answer that it acted in good faith towards its employees and had reasonable grounds for believing that any act or omission was not a violation of law, and that plaintiff failed to satisfy the statutory prerequisites for asserting its claims, including but not limited to the obligation to conciliate.

As part of the consent decree, The Star Tribune also agreed to substantial equitable relief to create a discrimination-free workplace going forward. The EEOC shall maintain oversight on the compliance over the decree’s two-year term. The non-monetary relief agreed to by the company includes:

—An injunction against sex harassment or retaliation of its female employees in the mail room;

—Employing a supervisor or manager for the mail room for every shift;

—Employing a human resources representative who will have responsibility for the human resource function for the mail room, including monitoring and resolving complaints of employees on working conditions in the mail room; and

—Providing annual training on preventing sexual harassment and retaliation to its mail room managers and supervisors during the decree’s term.

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