Assistant Manager Harassed 12 Women, Including Teen, in Two States, Agency Charged DENVER – The U.S. Equal Employment Opportunity Commission (EEOC) today announced it has settled its class sexual harassment lawsuit against the Dillard’s department store chain for $500,000 and substantial remedial relief on behalf of a class of 12 female former employees who were sexually harassed by an assistant store manager in two states. The EEOC maintained in its suit that assistant store manager Scot McGinness sexually harassed women at two Dillard’s stores. The EEOC said that Dillard’s knew that McGinness was sexually harassing young female subordinates at the Palmdale, Calif., store, but failed to take appropriate action to stop the misconduct. Instead, Dillard’s transferred him to a managerial position in its Westminster, Colo., store, and failed to notify the new store about McGinness’s history of sexual harassment. Moreover, after a Colorado female associate complained to her store manager that McGinness inappropriately touched her, McGinness was given only a verbal warning regarding his conduct.
Only 10 months later, when McGinness physically and verbally sexually harassed an 18-year-old high school senior and the Westminster police were contacted, did Dillard’s finally fire McGinness. Sandra Padegimas, the EEOC trial attorney who prosecuted this case, said, “Cloaked with his mantle of authority, Mr. McGinness used his power over his female subordinate employees as a way to reward or punish his victims. By failing to notify the Colorado store about this man’s sexual harassment in California at the time of his transfer to Colorado, Dillard’s permitted its Westminster employees to go in harm’s way.” Chester V. Bailey, director of the EEOC’s Phoenix district, which oversees Colorado, said “Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed the suit in U.S. District Court for the District of Colorado after investigating multiple charges of discrimination and first attempting to reach a voluntary settlement.” In addition to paying $500,000 to the 12 women, the consent decree settling the suit (EEOC v. Joslin Dry Goods, d/b/a Dillard’s, Civil Action No. 05-CV-00177-WDM-KLM) provides an injunction prohibiting the company from discriminating based on sex or retaliation.
The company will provide significant sexual harassment training to employees and management officials, including training for managers on how to properly investigate sexual harassment allegations. Dillard’s further agreed that, henceforth, if it transfers an employee from one store to another after it receives a sexual harassment complaint about the employee, the new store will be advised of the complaint. The company also agreed that, unless its investigation of such complaints demonstrates that the complaint has “no merit,” the alleged harasser will receive two hours of additional anti-harassment training. During the decree’s three-year term, Dillard’s will provide reports to the EEOC about any sexual harassment complaints it receives. Ybarra Lloyd, who worked at the Palmdale store, said, “The EEOC helped us ladies stand up to Dillard’s. In order to settle this lawsuit, Dillard’s had to agree to make changes in its workplace that, hopefully, will prevent others from being victimized.
I think employers should be required to tell their employees about the EEOC because most of us don’t know that there is an agency that can help victims fight workplace discrimination. The EEOC gave us a voice!” Another class member, Ketty Lopez, who worked at the Palmdale store, said, “Our complaints about sexual harassment were ignored because no one seemed to care – but the EEOC made them care. Now Dillard’s will have to follow up on any complaints about sexual harassment it receives.” According to company information, Little Rock, Ark.-based Dillard's ranks among the nation's largest fashion apparel and home furnishings retailers, with annual revenues exceeding $7.7 billion. The company operates 330 Dillard's locations spanning 29 states, all under the Dillard's name. EEOC Regional Attorney Mary Jo O’Neill, said, “Employers have a legal duty to take appropriate corrective and preventative action the first time they learn of discriminatory conduct in the workplace.
We can’t stress enough the importance of employers taking adequate steps to protect the rights of all employees.” In September 2004, EEOC Chair Naomi C. Earp (then vice chair) launched the federal agency’s national Youth@Work Initiative -- a comprehensive outreach and education campaign designed to inform teens about their employment rights and responsibilities and to help employers create positive first work experiences for young adults. The EEOC has held more than 3,400 Youth@Work events nationwide since the program was launched, reaching more than 212,000 students, education professionals, and employers. Further information about the Youth@Work campaign, including how to schedule a free Youth@Work outreach presentation, is available on the agency’s web site at http://www.eeoc.gov/initiatives/youth/index.html. Specific EEOC-related information for teens is available on the Youth@Work web site at http://www.youth.eeoc.gov. The EEOC enforces federal laws prohibiting employment discrimination.
Further information about the EEOC is available on its web site at www.eeoc.gov. Escape from the world in a relaxing recliner that fits your needs, space, décor -- and you.Here is this week’s news of grants or gifts to historically Black colleges and universities or for programs of particular interest to African Americans in higher education. Jan 25, 2017 | Many college students in Louisiana will receive only half as much under the state-run Taylor Opportunity Scholarship program for the spring semester than they did for the just completed semester. Dillard University has stepped in to make up the shortfall for its students. Dec 30, 2016 | Dillard University in New Orleans agreed to host a debate among candidates for the U.S. Senate from Louisiana. But David Duke, a former Imperial Wizard of the Ku Klux Klan, qualified to be included in the debate field. His presence on campus was met by protests leading to six arrests and police use of pepper spray. Nov 07, 2016 |
Walter M. Kimbrough, the seventh president of Dillard University in New Orleans, Louisiana, has been selected to receive the Dr. Kent L. Gardner Award from the Association of Fraternity/Sorority Advisors. Oct 07, 2016 | Hampton University, Mississippi Valley State University, Dillard University, Alcorn State University, Kentucky State University, Bethune-Cookman University, North Carolina A&T State University, and Xavier University have all reported impressive gains in enrollments. Sep 23, 2016 | The University of Iowa is naming its newest residence hall in honor of Elizabeth Catlett, the celebrated artist and the first African American woman to earn a master of fine arts degree at the university. Sep 16, 2016 | Walter T. Tillman Jr. was named dean of student services and enrollment management at River Parishes Community College in Gonzales, Louisiana. He is a former executive of the Southern University System. Aug 24, 2016 | The appointees are Michael A. Freeman at Coppin State University, Felita Y. Singleton at Portland State University, Henry Wade Johnson at Benedict College, Marcus Cox at Xavier University of Louisiana, Paul Baker at North Carolina Central University, and Roland N. Bullard Jr. at Dillard University in New Orleans.
Jul 08, 2016 | The Cooperative Research and Development Agreement with the U.S. Army Research Laboratory will provide funding and other resources for student research during the summer months, as well during the regular academic year. Jun 17, 2016 | Dr. Mims-Devezin has been serving as dean of the College of Arts and Sciences at the university since 2014. She joined the faculty at Southern University at New Orleans in 1993 as an assistant professor of biology. May 23, 2016 | The university will conduct a full internal assessment of the nursing program on all aspects of the program including curriculum, staffing, and support programs with the goal of boosting the performance of graduates on the nursing licensure examination. May 13, 2016 | Stephanie Akpapuna from Lagos, Nigeria, is the third member of her family to be named valedictorian at Dillard University in New Orleans. She will continue her education in the master of fine arts degree program in stage and production management at Carnegie Mellon University in Pittsburgh.
The honorees are Walter Kimbrough, president of Dillard University in New Orleans, Joseph A. Johnson III, a retired professor of physics at Florida A&M University, and Isiah Warner, a professor of chemistry at Louisiana State University. Apr 22, 2016 | Hired to new administrative posts are Janel Marts Green at Dillard University in New Orleans, Alonda Williams at Bellevue College in Washington State, and Kevin McDonald at the University of Missouri System. Mar 25, 2016 | Kemberly Washington was named to the Eben Hardie Jr. Finance Endowed Professorship at Dillard University in New Orleans and Pearl K. Ford Dowe was named scholar-in-residence at the Ronald W. Walters Leadership and Public Policy Center at Howard University. Mar 18, 2016 | Taking on new administrative duties are Valerie I. Harrison at Temple University, David M. Grubb at Dillard University, Margo Foremen at Iowa State University, Adrienne J. McNeil-Washington at Lehigh University, and Yvette Barker at Texas Southern University.
Here is this week’s roundup of Black faculty members from colleges and universities throughout the United States who have been appointed to new positions. Mar 11, 2016 | Here is this week’s roundup of African Americans who have been appointed to new administrative positions at colleges and universities throughout the United States. Taking on new administrative roles are Kenneth M. Holmes at Howard University, Cherisna Jean-Marie at Jarvis Christian College, Adria N. Kimbrough at Dillard University, Rhonda Jeter-Twilley at Bowie State University, and Wanda K. Brown at Winston-Salem State University. Jan 29, 2016 | Taking on new duties are David H. Jackson at Florida A&M University. Belinda Archibong at Barnard College, Derron O. Wallace at Brandeis University, Christena Cleveland at Duke Divinity School, and Zella Palmer at Dillard University. Nov 06, 2015 | Here is this week’s news of grants to historically Black colleges and universities or for programs of particular interest to African Americans in higher education.
Nov 04, 2015 | Duke University in Durham, North Carolina, recently held a ceremony to celebrate the naming of its new social policy center to honor Samuel DuBois Cook. In 1966, Dr. Cook became the first African American faculty member at Duke. Sep 22, 2015 | Aug 19, 2015 | Aug 12, 2015 | Barbara Guillory Thompson was the first African American women student to live in a dormitory on the Louisiana State University campus. Dr. Thompson later served on the Dillard University faculty for 42 years. Aug 11, 2015 | The university’s signature programs are majors that “epitomize Dillard’s mission and define its distinctiveness in the local, state, and national marketplace.” Signature programs will receive additional faculty and staff positions, endowed chairs, and additional equipment. Jul 17, 2015 | Jul 01, 2015 | Jun 24, 2015 | Under the arrangement, students who graduate from any of California’s community colleges with a grade point average of 2.5 or above will be admitted to one of the nine HBCUs as juniors.
Mar 20, 2015 | Dillard University, the historically Black educational institution in New Orleans, will be offering its first online course during the spring 2015 semester: “Principles of Disease Prevention and Control.” Dec 30, 2014 | Dec 23, 2014 | Gary Clark, an associate professor and chair of the department of political science at Dillard, has been named the inaugural director of the new center that will will focus on pre-law training for students interested in the legal profession. Dec 12, 2014 | The university is offering a new medical physics concentration in its physics and pre-engineering program. The program will prepare undergraduate students for graduate study in medical physics and nuclear medical physics. Dec 05, 2014 | Earnest Salsberry has served in the post on an interim basis for several months. Rev. Salsberry is a 2006 graduate of Dillard University and holds a master of divinity degree from the Morehouse School of Religion in Atlanta.