Former Worker Sues Employer Over Leering Customer

A former employee of a Safeway store in Oregon has filed a lawsuit against the grocery store chain saying she was forced to quit because a customer repeatedly stared at her breasts and made vulgar comments.

Safeway

A former Safeway employee is suing the grocery chain, claiming sexual harassment by a customer. (The Oregonain/2006)

The Oregonian reported that 44-year-old Daphne Lannan says in a lawsuit filed last week in Multnomah County Circuit Court that she asked managers at the Lebanon Safeway to stop the customer but they did not.

According to the lawsuit, Lannan says a male customer began to comment about the size of her breasts, saying he wanted to touch them. Lannan’s attorney says the law allows employees to sue their employers for sexual harassment by non-employees.

The Takeaway: As an employer, you would need to have an Employment Practices Liability (EPL) Insurance policy to defend a claim of this sort. This isn’t covered by a workers’ compensation insurance policy or general liability policy. EPL provides protection for an employer against claims made by employees, former employees, or potential employees. It covers discrimination (age, sex, race, disability, etc.), wrongful termination of employment, sexual harassment, and other employment-related allegations.

Additional Tip: To avoid gaps in coverage, make sure Third-Party coverage is offered and included by the carrier on your policy. This covers you if a customer or a third-party sues you for discrimination, etc., not just employees. For more information visit: Third-Party Employment Practices Liability Insurance or contact me with questions.

-JK

For more on the story: OregonLive.com

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About Jim Kinmartin - CA Small Business Insurance Agent/Broker

Jim is a California licensed Property & Casualty AND Accident & Health insurance agent working at the ISU - Olson Duncan Insurance brokerage in Torrance, CA. He grew up in Fullerton, CA and graduated from Servite High School in Anaheim and Loyola Marymount University in Los Angeles and currently lives in Long Beach, CA. Have questions? Just ask! Or, follow Jim on Twitter at @JimKinmartin

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