U.S. Court of Appeals for the Second Circuit
Injunctive Relief — Store Manager
EEOC v. Karenkim Inc.
Judges Katzmann, Wesley and Lynch
Background: The plaintiff appealed from a post-judgment order which denied the plaintiff’s request for injunctive relief against the defendant following a jury verdict finding the defendant liable for sexual harassment and fostering a sexually hostile work environment.
Ruling: The Second Circuit vacated the order finding that the district court had abused its discretion in denying any injunctive relief. The court was obliged to craft injunctive relief sufficient to prevent further violations of Title VII of the civil Rights Act by the individual who directly perpetrated the egregious sexual harassment at issue in the case. The record established that the harasser was a store manager who continued to allow a romantic relationship between the owner and highest officer of the defendant. Further, the record established that it was this relationship that allowed the harassment to go unchecked for years. Without an injunction, there is nothing stopping the owner to rehire the store manager as an employee.
Barbara L. Sloan, general counsel of the Equal Employment Opportunity Commission, for the plaintiff; David P. Antonucci for the defendant