US Court of Appeals Rules on EEOC vs V&J Foods Inc.

The US Court of Appeals for the Seventh Circuit decided EEOC vs V&J Foods Inc., Wednesday, November 7th. The EEOC had filed on behalf of Samekiea Merriweather, a 16 year old fast food worker who had been continually sexually harassed and given no help in reporting it. The Judge in the District Court who originally heard the case had ruled against Merriweather on the basis that she had not properly gone through the process of reporting the harassment.  Judges Posner, Flaum and Williams were "astonished" when V&J lawyers argued the conduct of Merriweather's manager whom she had complained about was not sexual harassment. They were further astounded when the same lawyers attempted to argue Merriweather's age did not matter and that if a 40 year old college graduate could understand the procedure, so should a 16 year old in her first paying job.

The decision hinged on the muddled steps employees were supposed to follow when reporting such an incident. There was only a line in the employee handbook regarding reporting sexual harassment, no name and no contact number. Merriweather was never given a proper number to call, and even if she had reached the correct number to call at the company headquarters, she had no idea who to ask for, since she was told to talk to the district manager, a vague title not easily identified within the company.

Altogether, the path she was supposed to follow to report this constant sexual harassment was far too confusing, even for an adult. The judges ruled she should not be held accountable for V&J Foods' failure to provide a clear complaint process. It is perfectly reasonable, the court concluded, to assume the company should include a direct number to call in the event of sexual harassment and steps outlining how to handle the situation.

The case was reversed and remanded and sent back to District Court for further proceedings.

Justin Dreyfuss