Judge orders sanctions against Fry's in EEOC sexual harassment, retaliation case
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SEATTLE—A federal judge has ordered sanctions, including a $100,000 penalty against Fry's Electronics Inc., because of its actions in a sexual harassment and retaliation lawsuit brought by the federal Equal Employment Opportunity Commission, the agency said.
The EEOC said in an announcement issued Friday that Judge Robert S. Lasnick, of federal district court in Seattle, ordered the sanctions against the San Jose-based retailer on July 3 for allegedly intentionally withholding evidence raising a fallacious argument and demonstrating a “disturbing lack of candor to the tribunal.”
The EEOC said this is the second sanctions order Judge Lasnick has issued against Fry's in this case. On May 10, the court said Fry's had willfully destroyed the hard drives where relevant information would have been stored, and ordered the jury to be instructed to make an adverse inference on? one of Fry's defenses.
The EEOC lawsuit, which was filed in September 2010, charged that an assistant store manager had sexually harassed a female employee, America Rios, and that Fry's fired supervisor Ka Lam, who is also a party in the case, in retaliation for allegedly complaining to management about the harassment.
The case is set for trial beginning Nov. 5.
Commenting on the case, EEOC Supervisor Trial Attorney John Stanley said in a statement, “As trial attorneys, we all expect zealous advocacy from the other side, but we also expect all parties to a lawsuit to play fair. Violating discovery rules and orders of the court drags our profession down and does nothing to further the cause of justice.”
A Fry's spokesman could not immediately be reached for comment.
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