“Sexting” and Retaliation Costs Fry’s Electronics $2.3 Million Dollars

In EEOC v. Fry’s Electronics, the EEOC sued Fry’s for terminating a supervisor who reported that one of his employees was being harassed by their manager.  The manager sent the employee sexually explicit text messages, and the supervisor followed Fry’s procedures by reporting the harassment to Fry’s legal department.  Both the supervisor and employee were joined as plaintiffs (although Fry’s strongly objected to the employee’s harassment and supervisor’s retaliation claims being prosecuted together).  According to the EEOC, the settlement followed court-ordered sanctions against Fry’s including a $100,000 penalty for destroying and wrongfully withholding evidence (including destruction of computer records and the mysterious loss of notes taken during the investigation of the employee’s harassment complaint).  http://eeoc.gov/eeoc/newsroom/release/8-30-12.cfm

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