Federal Agency Sues USSA

On May 31, 2011, it was announced that U.S. Security agreed to pay $1.95 million to settle a lawsuit brought by the Equal Employment Opportunity Commission against the company in March 2009. The EEOC case charged unlawful employment practices, gender discrimination, and sexual harassment.

The suit alleges, among other things, that a USSA manager, Chris Hargrove, harassed female employees with unwelcome sexual demands, demeaning gestures, inappropriate touching, and other sexually offensive conduct. USSA entered into separate settlements of state law claims brought by six women, all current and former employees of USSA, who alleged that they were harassed by Hargrove.

In addition to the $1.95 million payment, the EEOC Consent Decree establishes new requirements for U.S. Security's entire operation in the state of Alabama, including the appointment of senior level coordinator to oversee implementation of the consent decree, the development of a new training program, public posting and announcements of the consent decree, and new procedures for the investigation of discrimination and harassment complaints. Hargrove also agreed to pay the six women damages ranging from $10,000 to $25,000 each. All of these payments by USSA and Hargrove are in addition to the judgments that issued against them in a previous case involving Hargrove.¹

USSA Liable for Millions

On February 12, 2010, a federal jury determined that USSA was liable for $2.55 million in compensatory and punitive damages for sexual harassment, unlawful retaliation, and wanton supervision and/or retention of the offending supervisor. The jury found the supervisor, Christopher Hargrove, liable of committing assault and battery, invasion of privacy, and intentionally inflicting emotional distress in a case brought by USSA employee Jamie Marks. The court issued a judgment against U.S. Security for a combined total of $2,318,439.21.

The Court concluded that USSA should be liable because "USSA's cavalier attitude toward sexual harassment in the workplace coupled with [supervisor] Hargrove's demonstrated proclivity for sexual harassment of vulnerable women under his supervision provided the perfect storm for the most egregious case of sexual harassment, retaliation, and tortious conduct that has been tried in this court."²

USSA Promotes Poor Behavior

U.S. Security Associates has seemingly elected to retain and even promote a regional supervisor who testified in the above case, Tia Waller-Johnson. By her own testimony, Waller-Johnson did little or nothing to investigate complaints by women who were reporting sexual harassment and abuse by a manager who reported to Waller-Johnson. Instead, she ordered background checks into the women who came forward with complaints. As the Judge wrote in her opinion, "The reprehensible conduct in this case that went all the way up the corporate ladder."

U.S. Security has rewarded Waller-Johnson, making her Vice President and General Manager for Washington D.C., Maryland, and Virginia. When her promotion was announced in December 2010, the President of U.S. Security wrote about the "well-deserved promotion."

Additional Cases Still Pending

In June 2011, just after the $1.95 million settlement with the EEOC and the six U.S. Security employees whose complaints about Hargrove had led to the EEOC suit, U.S. Security entered into another out of court settlement with Larry Wall, who had complained to the company about Hargrove's sexual harassment of his daughter, whom he had referred to the company for employment. Wall was subsequently fired and after obtaining a "probably cause" determination from the EEOC, he brought a separate suit against U.S. Security alleging that his firing was discriminatory and in retaliation for his complaints on behalf of his daughter. Wall's case against U.S. Security was moving to trial at the time of the out of court settlement.³

In August 2011, it was made pubic that two former employees in Pennsylvania have filed separate complaints against USSA with the EEOC and the Pennsylvania Human Rights Commission. In both incidents, the women were allegedly fired after complaining about sexual harassment on the job.

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1. EEOC v. U.S. Security Associates, Inc. and Chris Hargrove, 09-cv-00598, Complaint filed March 26, 2009
2. Jamie Kohser Marks v. U.S. Security Associates, Inc. and Chris Hargrove; CV-08-BE-0459-S; Memorandum Opinion, 10/26/10
3. Wall v. U.S. Security and Chris Hargrove, 09-cv-01718-KOB (N.Dist. Ala.) Complaint filed August 27, 2009