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EEOC Files Sex Discrimination Lawsuit Claiming Company Refused To Hire Men For Sales Positions

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In a press release issued on September 12, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has filed a sex discrimination lawsuit against Sactacular Holdings, LLC, d/b/a Adam & Eve (Adam & Eve). On September 12, 2019, the EEOC filed the sex discrimination lawsuit, U.S. Equal Employment Opportunity Commission v. Sactacular Holdings, LLC, d/b/a Adam & Eve, Case No. 5:19-cv-01402, in the U.S. District Court for the Eastern District of North Carolina after initially attempting to reach a pre-litigation settlement through its statutorily mandated conciliation process. 

The EEOC has brought the sex discrimination lawsuit pursuant to Title VII of the Civil Rights Act of 1964 (Title VII) on behalf of Christoper Kilby (Kilby). Title VII makes it an unlawful employment practice for an employer to discriminate against any employee or applicant for employment on the basis of sex. The EEOC claims that Adam & Eve violated Title VII by refusing to hire Kilby for a sales associate position because of his sex. In this article, our Gainesville, Florida discrimination attorneys explain the EEOC’s allegations against Adam & Eve.

Job Applicant Claims Sex Discrimination

In early August 2017, Kilby inquired about employment opportunities at Adam & Eve’s store in Raleigh, North Carolina. A female student at the store told Kilby that the company was hiring two sales associates and to submit his resume to the store manager to apply. On August 27, 2017, Kilby submitted his resume in person. A week later, Kilby went to the store to check on the status of his employment application. Kilby spoke with a female employee about his application. The female employee stated that the company does not hire men for sales associate positions. She told Kilby that the company hires men for stocking floor positions only. Adam & Eve never contacted Kilby regarding his application and did not hire him. Within 90 days of the date on which Kilby submitted his application to work at the Raleigh store, Adam & Eve hired four sales associates at the Raleigh store, all of whom are female.

In October 2017, Kilby visited Adam & Eve’s store in Clayton, North Carolina. While at the store, Kilby told two female employees that he was told by employees at the Raleigh store that the company does not hire men for sales associate positions. One of the female employees at the Clayton store confirmed to Kilby that Adam & Eve’s policy is not to hire men for sales associate positions. Within 60 days of the date on which Kilby visited the Clayton store, Adam & Eve hired four sales associates at the Clayton store, all of whom are female.

Consultation With Ocala Discrimination Lawyers

Based in Ocala, Florida and representing employees throughout Central Florida, our Gainesville, Florida employment discrimination attorneys have almost two decades of experience representing sex discrimination victims in cases before the EEOC. If you have experienced sex discrimination in the workplace or have questions about your rights under the federal anti-discrimination laws as a job applicant, please contact our office for a free consultation with our Gainesville, Florida discrimination lawyers. Our employment and labor law attorneys take discrimination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.

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