A regional Coca-Cola seller and distributor violated federal law when it excluded male employees from an employer-sponsored event, the Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit.
According to the lawsuit, in September 2024, the Bedford, New Hampshire-headquartered Coca-Cola Beverages Northeast, Inc. held a an employer-sponsored trip and networking event at the Mohegan Sun Casino and Resort in Connecticut on Sept. 10 and 11, 2024. The company allegedly “privately invited” female employees only; approximately 250 female employees attended. The lawsuit claims no male employees were invited to the event.
EEOC says the company excused the female employees who attended the event from their normal work duties on two days for the event and paid them their normal salary or wages without requiring them to use vacation or other paid time off.
The employer paid for hotel room charges and taxes for female employees who stayed at the Mohegan Sun on September 10, 2024 and provided other benefits to female employees who attended the event including, for example, food and beverages, according to the EEOC.
EEOC said the original charging party is a male production employee working at the company’s Londonderry, N.H. facility.
“Title VII of the Civil Rights Act of 1964 has long made the exclusion of one protected class of employees from an employer-sponsored event a violation of the law,” said Catherine L. Eschbach, acting EEOC general counsel. “Excluding men from an employer-sponsored event is a Title VII violation that the EEOC will act to remedy through litigation when necessary.
Coca-Cola Response
Through its attorney, Coca-Cola Northeast expressed confidence that it did nothing wrong and disappointment that the EEOC filed suit.
“This event fully complied with existing EEOC regulation and its public commentary approving of such event,” Rick Finberg of The Bennett Law Firm told Insurance Journal.
“Coca-Cola Beverages Northeast finds it disappointing that the EEOC did not conduct a full investigation and we look forward to having our day in open court where the full story told to a jury will vindicate us,” Finberg continued. “We remain confident in our values and in our continued focus on fairness, respect, and opportunity for everyone. We remain committed to upholding our responsibilities to our employees, customers, and the communities in which we live and work.”
According to the lawsuit, the event featured a social reception, team-building exercises, recreational activities and the opportunity to hear from speakers including Jennifer Mann, president of Coca-Cola North America Operating Unit, and corporate executives from other companies, who discussed their career paths.
EEOC argues that the alleged conduct violated Title VII which it says prohibits “making employment decisions motivated by sex.” The EEOC said it filed suit in federal court for the District of New Hampshire after first attempting to reach a settlement through its administrative conciliation process.
The EEOC is asking the court for an injunction enjoining Coca-Cola Northeast from engaging in discrimination on the basis of sex. The lawsuit also seeks compensation for all “aggrieved male employees” for pecuniary losses and for “emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses.” Finally, the federal agency also seeks punitive damages for the male employees.
Topics Lawsuits
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