In 2019, sales floor associate Haley Harris called the Sam’s Club Global Ethics Division about inappropriate sexual comments from her co-workers.
Rather than addressing and investigating Ms. Harris’s concerns, Sam’s Club management found a reason to fire her that was ultimately deemed retaliation. A jury awarded Ms. Harris $250,000 for emotional pain and suffering after finding that she was terminated for making the complaint.
Some background: Upon hearing the complaint, a Global Ethics Division investigator expanded the investigation based on Ms. Harris’s complaint to include allegations that Ms. Harris had made similar remarks to her own co-workers. After finding that Ms. Harris had made some vague sexual remarks, the Global Ethics Division recommended disciplinary action equivalent to 3 write ups.
Ms. Harris’s manager instead exercised his discretion to override the Division and terminate Ms. Harris. This unilateral decision was ultimately deemed retaliation against Ms. Harris, and such retaliation is prohibited by Title VII, which protects employees from workplace harassment and from adverse action for reporting such treatment.
The verdict illustrates the importance of adhering to company policies and consulting professionals when dealing with employee complaints that are protected under Title VII. Even with evidence of wrongdoing, immediate terminations following employee complaints create a liability risk.
With proper manager training, legal advice, and compliance efforts, the unfortunate situation would have been addressed by effectively investigating the complaint to maintain a workplace where aggrieved employees are safe to voice their concerns.
Have questions about Title VII retaliation and the proper procedures for addressing harassment complaints? Don’t worry – we are here to help!
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