Ohio-based First Student, which claims to be North America's leading student transportation company, has agreed to pay $150,000 and revamp its sexual harassment compliance in order to settle a sexual harassment and retaliation complaint brought by the EEOC.

According to the complaint, at least four women who worked at a First Student facility in Los Angeles, California, were forced to endure a sexually hostile work environment that escalated into physical abuse and quid pro quo sexual harassment by a supervisor. When they complained, management blamed the victims and retaliated against them for complaining. Three of the women felt forced to quit.

"Last year, retaliation charges became the number one type of complaint that the EEOC received," said Olophius Perry, EEOC Los Angeles District Office district director.

"The increase signals a widespread problem wherein employers seem to choose retribution over working toward eliminating the sources of discrimination in the workplace. Employers must understand that workers have the right to complain, and it is illegal to retaliate against those that do."

Instead of retaliating, employers should be proactive in responding to sexual harassment complaints

According to the EEOC, a male supervisor at First Student sexually harassed several female bus drivers and a human resources assistant. The hostile work environment began with the man making constant, explicit remarks about the women's bodies and describing sexual acts he wanted to perform on them. The unwanted sexual advances only escalated, however, and turned physical. The supervisor exposed himself, grabbed one of the bus drivers' breasts and rubbed his private parts against her.

When the victims complained about the sexually hostile atmosphere and inappropriate touching, however, things only got worse. The manager not only ignored their sexual harassment complaints but disciplined one woman and transferred another woman to a different facility in retaliation for her complaint.

The sexually harassing supervisor then cut back one victim's hours because she refused his advances and promised other drivers extra hours if they indicated they might acquiesce to his advances.

Three of the victims felt they had no choice but to quit their jobs, which is called constructive termination and is unacceptable.

On behalf of the victims, the EEOC attempted to negotiate a settlement with First Student, and then filed a lawsuit. A pre-trial settlement ultimately resulted in First Student agreeing to pay the women $150,000 in damages. First Student also entered into a consent decree, which requires its Southern California facilities to revamp their sexual harassment policies and procedures, train all employees on gender discrimination, sexual harassment and retaliation, mandate reporting of complaints within 24 hours, and track all complaints in a central system. The EEOC will monitor the company's compliance.

At a press conference, EEOC regional attorney Anna Park reminded all employers that sexual harassment can happen in any workplace, and they have a responsibility to take action.

"We encourage all employers to implement proactive relief to focus on prevention rather than reacting to problems after they occur."

Source: EEOC press release, "First Student To Pay $150,000 To Settle EEOC Sexual Harassment, Retaliation Suit," February 3, 2011