Adam & Eve Sued by EEOC for Sex Discrimination

RALEIGH, N.C.—The U.S. Equal Employment Opportunity Commission has filed a lawsuit accusing Sactacular Holdings LLC d/b/a Adam & Eve of sex discrimination.

In the suit, filed Sept. 11 in U.S. District Court for the Eastern District of North Carolina, Western Division, the EEOC alleges that the Raleigh, N.C.-based company violated federal law when it refused to hire Christopher Kilby and other male applicants for certain positions, based on their sex.

“Employers must base hiring decisions on an applicant's ability to do the job, not on one's gender,” said Lynette A. Barnes, regional attorney for EEOC's Charlotte District Office. “Companies that refuse to hire entire classes of applicants not only violate the law, but also deprive themselves of an entire pool of qualified workers.”

According to the complaint, Kilby applied for a job at an Adam & Eve store on Capital Boulevard in Raleigh, N.C., in August, 2017. The complaint alleges that when Kilby later returned to check on the status of his application, a female salesperson told Kilby the company does not hire men for sales positions. The complaint also claims that in October, 2017, Kilby visited a Clayton, N.C., Adam & Eve store where a female salesperson confirmed to Kilby the company does not hire men for sales positions.

The complaint alleges the company did not hire Kilby and other qualified male applicants based on its policy of not hiring men for sales positions, and argues that that policy violates Title VII of the Civil Rights Act of 1964. Title VII prohibits employers from discriminating against employees based on their sex.

According to a statement from the EEOC, the agency filed suit after attempts to reach a pre-litigation settlement were unsuccessful. The EEOC is asking for back pay, compensatory damages and punitive damages, as well as injunctive relief.

AVN contacted Adam & Eve for a statement, but at press time, no statement regarding the lawsuit was given.

For more, visit EEOC.gov.