Legal professionals should take note of new developments involving Weis Markets, Inc., a grocery store chain with wide prevalence throughout the Mid-Atlantic and headquartered in Sunbury, Pennsylvania. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) accuses the grocery chain of not only subjecting an employee to sexual harassment but also allegedly firing her following her refusal to comply with an illegal directive associated with the company’s Employee Assistance Program.
According to the complaint addressed at the District Court for the Middle District of Pennsylvania, the EEOC alleges that the employee was a victim of ongoing sexual harassment from a male supervisor and was subsequently disciplined and discharged when she refused to comply with a directive considered unlawful under the Americans with Disabilities Act (ADA).
The unlawful directive allegedly required that the harassed employee undergo an intrusive medical examination as well as answer disability-related questions as part of the company’s Employee Assistance Program, designed to help employees who may be struggling with work or personal issues.
In bringing forth the lawsuit, the EEOC is seeking back pay for the discharged employee, reinstatement (if she should desire it), compensatory, and punitive damages. It’s also advocating for preventive measures to ensure such infringing practices are not repeated within the organization in the future.
This ongoing case serves as a stark reminder for all organizations about the importance of maintaining a workplace free from harassment or discrimination of any kind, including but not limited to sexual harassment and ADA-related discrimination. Furthermore, it underscores the need for legal and HR professionals within organizations to ensure that the processes and initiatives designed to support employees, such as an Employee Assistance Program, are not utilized in an unlawful and damaging manner.