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MDHR settlement: Jack Link’s Beef Jerky to pay $50,000 for its failure to successfully address sexual harassment in the workplace

Agreed to pay a former employee $50,000 after MDHR issued a probable cause discrimination finding for sexual harassment and constructive discharge.

7/21/2015 10:14:43 AM

ST. PAUL, MN - Jack Link's Beef Jerky has agreed to pay a former employee $50,000 after the Minnesota Department of Human Rights issued a probable cause discrimination finding for sexual harassment and constructive discharge.

In August 2012, the female employee was hired as a line lead worker at Jack Link's Beef Jerky. Almost immediately after beginning her new job, the woman's Supervisor began making sexual advances toward her; calling her "baby," saying she was beautiful, asking if she was single, chanting "pack baby pack" and asking her if he was too old for her. Despite initial discipline by the employer, the employer promoted the alleged harasser two weeks later as an immediate supervisor of the lead line work.

"This is an unusual case in that the employer took the right step in originally disciplining the supervisor," said MDHR Commissioner Kevin Lindsey. "The employer however undermined its efforts by not subsequently monitoring the actions of the alleged harasser. Employers need to maintain contact with the employee who has complained of sexual harassment to make sure that the measures that they have undertaken are actually working."

On November 24, 2012, the woman reported the Supervisor's sexual harassment to the company's human resources department. The Supervisor was subsequently suspended for two days. Within days of returning from the suspension, the Supervisor was promoted to become the former employee's new Direct Supervisor. As a result of the promotion, the Supervisor had more direct access to the former employee.

The Supervisor continued to engage in harassing conduct toward the former employee and, according to co-workers, the woman was brought to tears at work. The woman's final shift was Dec. 9 and on Dec. 16 she informed Jack Link's Beef Jerky that she could no longer "tolerate what is going on at work." The Department's investigation into the employer's workplace found multiple female employees confirmed the Supervisor had a "high frequency of making comments, inappropriately touching female employees and acting as though he was in search of a girlfriend."

The Department concluded that such "a close temporal connection of time between a complaint of sexual harassment, discipline and then a promotion that gave the supervisor more access to the employee who complained belies the original intent of discipline. Rather, the respondent's actions sent the opposite message of discipline; one may receive a reward for (engaging in harassment)."

Under the terms of the settlement, Jack Link's Beef Jerky will provide training on the Minnesota Human Rights Act and how to properly respond to sexual harassment to all managerial and supervisory employees who have authority over Minnesota production and processing operations.

If you believe you have been discriminated against in violation of the Minnesota Human Rights Act, please contact MDHR's enforcement unit at 651.539.1100, 1.800.657.3704 or online at mn.gov/mdhr/intake. For more information about sexual harassment, please visit mn.gov/mdhr or follow the conversation on Twitter at Twitter at @mnhumanrights.

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Contact: Christine Dufour at 651-539-1118
or Christine.Dufour@state.mn.us

Minnesota Department of Human Rights, Communications Department
Freeman Building, 625 Robert Street North, Saint Paul, MN 55155

Sexual Harassment

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