BIRMINGHAM, Ala. – Forrest City Grocery Company, formerly known as Dixie Tobacco & Candy Company, violated federal law by denying a promotion to a qualified female employee because of her sex, the U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit. The agency alleges that the Arkansas-based company discriminated against a clerical employee when the company failed to promote her to an outside salesperson position because of her gender, and refused to pay her what it paid male employees performing comparable duties.
According to the EEOC’s complaint, Amanda McMillian worked as a clerical employee for the company’s Shaw, Mississippi location starting in April 1999. Throughout her employment, McMillian was assigned duties similar to that of outside salespersons. Upon learning about outside sales vacancies in 2007, McMillian applied for the positions, but was told the work was too dangerous and that she was needed in the office. Two males were eventually hired for the position. Forrest City also denied McMillian’s request to pay her what it was paying males who performed comparable work.
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment because of sex. The EEOC filed suit (Equal Employment Opportunity Commission v. Forrest City Grocery Company, U.S. District Court for the Northern District of Mississippi (Delta Division), Civil Action No. 2:10-cv-00166-MPM-SAA) after first attempting to reach a voluntary settlement. The agency seeks back pay, compensatory and punitive damages for McMillian, as well as injunctive relief.
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