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ARTICLE · 28 DECEMBER 2011

Death Is No Defense

The "customer" is always right: so goes the mantra in the service industry—except now, not so much at a Fred Meyer grocery store location in Oregon.

United StatesEmployment and HR
Mark Ford
Mark Ford

The "customer" is always right: so goes the mantra in the service industry—except now, not so much at a Fred Meyer grocery store location in Oregon. In July 2011, the EEOC dedicated its resources to further rein in sex harassment and sued the grocery retailer in federal court because of the conduct of one of the grocery store's customers. According to the EEOC's complaint, the store failed to protect three female employees from being groped by an elderly man who often "lurked near" the employee time clock awaiting his unwitting victims.

This case was also brought as a class action on behalf of similarly situated employees exposed to the octogenarian's antics which the EEOC maintains created a sexually hostile work environment. The EEOC alleges in this action that the offensive customer was "coming to the store daily and sometimes several times a day." As the women punched in or out on the time clock, he would give them unwanted hugs and "grope them." And when the

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