Safeway has agreed to pay a male food clerk $250,000 to settle a sexual harassment and retaliation lawsuit filed on his behalf by the U.S. Equal Employment Opportunity Commission.
The lawsuit was filed in August 1999 on behalf of Timothy Quitoriano, who said he was subjected to repeated physical touching and verbal harassment by a male supervisor at the Kapolei Safeway store. Quitoriano had been working full time at the store since 1992 and said the harassment began in 1994.
In 1996 Quitoriano and his union, United Food and Commercial Workers, filed a grievance against the supermarket chain. Quitoriano was fired after filing the complaint, but he was later reinstated when the case was taken to arbitration.
The Equal Employment Opportunity Commission filed the lawsuit, claiming Safeway had violated Quitoriano’s civil rights.
Trial was set to begin March 30 in federal court, but Safeway and the commission reached the agreement that was approved by federal magistrate Judge Kevin Chang.
Daphne Barbee-Wooten, Honolulu EEOC trial attorney, said she hopes the settlement sends a message to all employers.
"Same-sex harassment as alleged here is just as unlawful ... as is opposite sex harassment, and entitled to the same protections under the law," she said. "Employers should not neglect their responsibilities to address all forms of harassment."
Safeway spokeswoman Debra Lambert said the company denied the allegations, but agreed to the settlement.
"Although the company strongly disputed the government’s claims here, it makes sense to put this costly and time-consuming litigation behind us," Lambert said.
She added that Safeway has a zero-tolerance policy against sexual harassment.
In addition to the cash payment, Safeway has agreed to provide training for its employees on sexual harassment and retaliation.
