The EEOC filed a federal lawsuit against Ascend Wellness Holdings, Inc. in the U.S. District Court for the Southern District of Illinois, alleging the company violated Title VII of the Civil Rights Act by allowing unlawful sexual harassment to persist at its Collinsville facility. The lawsuit follows the agency's unsuccessful attempt to reach a pre-litigation settlement through its administrative conciliation process.
According to the EEOC's complaint, beginning at least as early as February 2021, the Collinsville facility manager and other male employees engaged in a pattern of harassment that included unwanted touching, sexual comments, sexual advances, requests for sexual relations, and inappropriate comments about the appearances and bodies of female employees and customers. Multiple female employees complained to human resources about the harassment, but the company allegedly failed to take effective action to stop the conduct, forcing at least one woman to resign because the environment became intolerable.
"When workers complain to managers or human resources personnel about sexual harassment, employers must act promptly with effective actions to stop the harassing conduct," said Andrea G. Baran, regional attorney for the EEOC's St. Louis District Office. The agency's lawsuit seeks injunctive relief to prevent future discrimination and monetary damages for affected employees.
The case highlights the EEOC's continued focus on sexual harassment enforcement across industries, including the rapidly growing cannabis sector. The agency has brought numerous similar actions in recent years as employers in newly regulated industries grapple with establishing appropriate workplace policies and procedures.
David S. Davis, director of the EEOC's St. Louis District Office, emphasized the severity of the alleged conduct. "The alleged harassment in this case was particularly egregious because the facility manager himself engaged in the conduct and comments at issue, making it even more difficult for employees to complain and obtain relief," Davis said.
The lawsuit demonstrates the EEOC's position that employers cannot avoid liability for harassment by management-level employees, particularly when human resources personnel fail to respond appropriately to complaints. Cannabis companies, which often operate in heavily regulated environments, face particular scrutiny to maintain compliance with federal employment laws despite the industry's complex legal status.
The case will proceed through federal court, where Ascend will have the opportunity to respond to the allegations. The EEOC's St. Louis District Office has jurisdiction over discrimination charges and litigation in Missouri, Kansas, Oklahoma, Nebraska, and southern Illinois.