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F&B Investments settles sexual harassment claim

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The U.S. Equal Employment Opportunity Commission announced Oct. 5 that F&B Investments Inc., owner of The Dugout Sports Bar & Grill in Waynesville, has agreed to a federal court injunction and will pay $14,000 to settle claims of sexual harassment and retaliation.

A consent decree signed by Bruce and John Farris on behalf of F&B Investments Inc. provides that the company "shall not (a) discriminate with respect to any terms or conditions of employment on the basis of sex, (b) subject any employee to sexual harassment or (c) retaliate against any employee for opposing (employment discrimination)," according to a news release from the EEOC.

The Dugout must adopt new sexual harassment policies and procedures and distribute them to all managers and supervisors, and must provide written reports to the EEOC regarding any sexual harassment complaints received during the next two years.

The manager accused of sexual harassment has been discharged. The owners of F&B Investments Inc. will neither rehire him at the Dugout nor hire him at any other business enterprise that they own.

The defendant must also pay compensatory damages of $7,000 to former waitress Stacy L. Funk and $7,000 to former head waitress Tammy K. Zufall.

Funk was represented by attorney

Robert Lynch, of Springfield. Zufall was represented by Clifford Faddis, of St. Louis.

According to the EEOC, a male manager subjected Funk to unwelcome verbal and physical conduct during the latter half of 1995 and the early part of 1996.

Funk complained to Zufall, who then complained to upper management of The Dugout Sports Bar & Grill.

Funk's hours were severely reduced, forcing her to leave to find other employment.

In April 1996, Funk and Zufall filed charges of discrimination with the EEOC against The Dugout.

The EEOC investigated their charges

and found reasonable cause to believe that Funk had been harassed and discriminated against as she had alleged, and that Funk and Zufall had been retaliated against for complaining about the harassment and discrimination.

The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin.

In addition, the commission enforces several other federal laws that prohibit discrimination in the private sector and state and local governments.

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