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EEOC Sues ResourceOne On Employee Complaint

Court Decision Might Make Fundraising Law Moot

Worldwide Printing and Distribution, known in the nonprofit community as ResourceOne, has been sued in U.S. District Court for the Northern District of Oklahoma by the federal Equal Employment Opportunity Commission (EEOC).

The EEOC complaint alleges that a supervisor harassed a female employee via racial and national origin slurs after the employee shared her deoxyribonucleic acid (DNA) ancestry results.

According to the EEOC’s suit, in or around August 2022, the employee received results from an at-home DNA test kit showing she had ancestry from Cameroon and the Congo. When the worker’s supervisor learned about her DNA results, the supervisor allegedly began referring to her in an inappropriate manner.

The employee repeatedly asked the supervisor to stop the harassment, according to the EEOC suit. However, it is alleged that when the employee complained about the harassment to a higher-level manager, he participated in the harassment and did not stop it. The harassment allegedly continued via text after the employee resigned, according to the EEOC suit.

Such alleged conduct, according to the EEOC, violates the Genetic Information Non-Discrimination Act (GINA), which prohibits discrimination and harassment in the workplace based on genetic information, and Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination and harassment based on national origin and race, whether actual or perceived.

Via a statement, a spokesperson for ResourceOne said the firm “strongly opposes discrimination and harassment in the workplace. It is ResourceOne policy that any action or communication that focuses on an employee’s or coworker’s race, gender, age, religion, sexual orientation, disability or genetic information is not appropriate in our workplace and is grounds for disciplinary action, up to and including termination.” Details of any disciplinary action were not disclosed.

The statement continued, “The company places a profound emphasis on creating a work environment that values and respects everyone. We are committed to maintaining a workplace culture that promotes inclusivity, diversity and the well-being of our employees. While our internal investigation of this matter is ongoing, and this matter concerns an active legal proceeding, we refrain from making further public comments.”

A court date has not been set. ResourceOne is a direct response marketing firm with printing, direct mail and data operations based in Tulsa, Oklahoma.

“As more people choose to learn about their ancestry through DNA testing, they should not worry that this information will be used to create an unlawful hostile environment at work,” Andrea G. Baran, regional attorney for the EEOC’s St. Louis District office said via a statement. “Employers must protect their workers from this form of harassment.”

The EEOC’s St. Louis District Office is responsible for receiving and investigating charges of employment discrimination and conducting agency litigation in Missouri, Kansas, Oklahoma, Nebraska, and a portion of southern Illinois, with area offices in Kansas City, Kansas, and Oklahoma City, Oklahoma.