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Wednesday, May 19, 2010

Alabama KFC owner to pay $1M for sexual harassment

Alabama KFC owner to pay $1M for sexual harassment
May 19, 2010
Montgomery Advertiser
MOBILE -- The owner of a Kentucky Fried Chicken restaurant in south Alabama will pay 19 female employees more than $1 million to settle sexual harassment claims, a federal agency in Birmingham, Alabama announced Tuesday.

A suit filed on behalf of the women in March 2009 by the U.S. Equal Employment Opportunity Commission leveled accusations against Jack Marshall Foods Inc., a family run company based in Tuscaloosa, which operates the KFC restaurant in Monroeville.

The suit accused the business of tolerating male employees openly describing sexual desires and interests with female employees and engaging in unwelcome sexual touching and groping. The suit said at least three of the women at the Monroeville restaurant were teenagers at the time.

In a news release Jack Marshall Foods said Tuesday that it fired the male cooks in question before the suit was filed and that not all of the claims were found to be true. The company said it settled the case rather than pursue costly litigation "so that we could protect the jobs of our other 400 employees."

"The allegations in this case were shocking," EEOC District Director Delner Franklin-Thomas said. "Sexual harassment at any workplace is unacceptable," EEOC Chair Jacqueline A. Berrien said. "But when some of the victims are teenagers, as was the case here, the situation is especially egregious."
Common Sense Counsel Sexual harassment is always unconscionable. For Alabama employers there is no substitute for a well drafted written policy against harassment, distribution of the policy with a signed employee acknowledgment, training on the policy and a procedure to investigate and resolve complaints. The next issue of grave concern is the hiring of employee when you have teenage employees. Great care should be taken with the appropriate background checks.

Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at or 334-246-2901. Blog at