Select Staffing to Pay $500,000 for Failing to Protect Workers from Sexual Harassment

Background

Real Time Staffing Services, LLC, which operates under the name Select Staffing, has reached a $500,000 settlement in response to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that female temporary workers placed at an agricultural production facility faced persistent sexual harassment and retaliation when they reported it.

The case highlights the obligations of staffing agencies to ensure a safe work environment for their employees, even when they are assigned to client worksites. It also reinforces the legal consequences for companies that fail to address workplace harassment.

The Incident

According to the EEOC lawsuit, female workers assigned by Select Staffing to National Raisin's production facility in California were subjected to a sexually hostile work environment, including:

• Unwanted physical contact, such as groping.
• Sexually explicit remarks directed at female employees.
• Requests for sexual favors from male coworkers and supervisors.

When the victims reported the harassment, they were met with retaliation instead of protection. Some employees were fired, reassigned, or faced reduced work hours as a direct consequence of speaking up.

The lawsuit further alleged that Select Staffing failed to take adequate action to address the complaints, instead relying on National Raisin to resolve the issue—which did not happen.

Legal Background

The EEOC charged that Select Staffing violated Title VII of the Civil Rights Act of 1964, which:

• Prohibits sexual harassment in the workplace.
• Requires employers, including staffing agencies, to take immediate and appropriate action when harassment is reported.
• Protects workers from retaliation for reporting unlawful behavior.

The lawsuit was filed in the U.S. District Court for the Eastern District of California under the case EEOC v. Sunshine Raisin Corporation, d/b/a National Raisin and Real Time Staffing Services, LLC, d/b/a Select Staffing, Case No. 1:21-cv-01424-JLT-HBK.

Settlement and Relief

On July 24, 2024, U.S. District Judge Jennifer L. Thurston approved a consent decree that requires Select Staffing to pay $500,000 in damages and implement significant injunctive relief, including:

• A ban on future discrimination and retaliation in the workplace.
• Policy reforms to strengthen protections for temporary workers.
• Direct EEOC oversight to ensure compliance with anti-harassment regulations.
• Mandatory sexual harassment training for both temporary workers and management.
• Stronger complaint tracking systems to ensure reports are properly addressed.
• Clear communication to client companies regarding their responsibility to prevent workplace harassment.

Key Takeaways

1. Staffing agencies are responsible for protecting their workers. Employers cannot shift accountability to client companies and must proactively address harassment complaints.
2. Retaliation against employees for reporting harassment is illegal. Any punitive action taken against workers who speak up about misconduct can result in legal and financial consequences.
3. Workplace training is essential for prevention. Educating employees, supervisors, and HR personnel on recognizing, preventing, and addressing sexual harassment is key to maintaining a safe work environment.

Conclusion

This case serves as a critical reminder that staffing agencies cannot ignore workplace harassment complaints, even if the affected employees work at a client facility. Employers have a legal duty to provide a harassment-free work environment, take reports seriously, and prevent retaliation against those who report misconduct.

Recommendation: Sexual Harassment Training with TAP Series

To prevent similar incidents, staffing agencies and client companies should implement comprehensive sexual harassment training programs. TAP Series Sexual Harassment Training offers interactive, legally compliant courses that help:

• Educate employees on their rights under Title VII.
• Train management on how to properly handle complaints.
• Reduce employer liability by ensuring a proactive approach to workplace harassment.

By investing in regular training, companies can protect their workers, improve workplace culture, and reduce the risk of costly legal disputes.