In the case of U.S. Equal Employment Opportunity Commission v. Northern Star (Pogo) LLC, the EEOC announced a significant settlement involving the Alaska-based mining company, formerly known as Sumitomo Metal Mining Pogo, LLC, which agreed to pay $690,000 and implement workplace changes to resolve a lawsuit involving sex discrimination and retaliation.
Hanna Hurst, who was among the few female underground miners under the former ownership of Sumitomo Metal Mining Pogo, experienced denial of promotions while her male colleagues, even those with lesser seniority or training, were advanced. Hurst’s complaint regarding the unjust treatment met with retaliation from Sumitomo Metal Mining Pogo, who imposed additional training requirements on her that were not mandated for male miners.
This conduct violated Title VII of the Civil Rights Act of 1964, which prohibits promotion denial based on sex. The EEOC, after conducting an investigation spearheaded by EEOC Investigator Bryne Moore and attempting to reach a pre-litigation settlement via its voluntary conciliation process, moved the case to the District of Alaska [Case No. 4:18-cv-00034-JWS]. Hurst was represented by the non-profit Equal Rights Advocates.
The three-year consent decree that settled the lawsuit will compensate Hurst with $690,000 in lost wages and compensatory damages. It also mandates Pogo to engage an independent expert to assess, create, and implement policies, procedures, and training to uphold equal employment and increase accountability and oversight of its managers and supervisors. Alongside the expert, the mining company will provide anti-discrimination training to all leaders and staff; make its EEO policy available to all employees and applicants; report all sex or gender discrimination or retaliation complaints from its employees to the EEOC for the upcoming three years; and post a notice informing employees about the consent decree and their rights under federal law.
Lessons learned from the case:
- Employers are reminded of the critical importance of adhering to state and federal anti-discrimination laws and ensuring that the workplace is shielded from discrimination.
- The settlement serves as a reminder of the substantial financial and reputational costs that can result from violating labor and employment laws in Alaska or anywhere in the United States.
- Establishing clear, equitable promotion and training policies, alongside ensuring no retaliatory practices are in place, is pivotal in safeguarding organizational integrity and employee rights.
If you want to know more about salaried employee rights, read our guide on What are my rights as a salaried employee in Alaska?
