EEOC clarifies when harassment at Big Lots crosses the legal line

What crosses the line in a Big Lots store

A rude coworker is not always a lawbreaker, but slurs, sexual comments, offensive images, and threatening or intimidating behavior tied to race, religion, disability, sex, or another protected trait can move a problem from unpleasant to unlawful. The EEOC says harassment becomes illegal when it is based on a protected characteristic and either affects employment or creates a hostile work environment.

That matters on a sales floor where pressure is high and people are constantly interacting with customers, managers, and each other. A joke repeated about someone’s religion, a comment mocking a hearing or speech disability, or sexually explicit material shared in a break room can all cross the line if they are tied to a protected trait. The EEOC also says sexual harassment can affect anyone, not just women, and the conduct does not have to be motivated by sexual desire to be unlawful.

The behaviors workers should document right away

The EEOC’s guidance is useful because it names the kinds of conduct people often shrug off until it is too late. It includes slurs, offensive images, sexual comments, threatening or intimidating behavior tied to religion, mocking a disability, and sharing pornography or AI-generated or deepfake sexual material. In a retail setting, those behaviors can come from a manager, a coworker, or even a customer if the company knows about it and fails to act.

For Big Lots staff, the practical test is simple: if the conduct is tied to a protected trait, keep a record immediately. Write down the date, time, store location, who was involved, who saw it, what was said or shown, and whether you reported it. If the behavior starts affecting hours, assignments, scheduling, or advancement, the issue is no longer just workplace friction.

How Big Lots describes its own standards

Big Lots says on its jobs page that it is committed to building an inclusive workplace and does not use protected traits in employment or advancement decisions. The company’s list includes race, color, national origin, religion, gender, gender identity, sexual orientation, genetic information, marital status, protected veteran status, disability, and age. That language matters because it gives workers a company-level framework to point to when they raise a complaint.

But policy language only goes so far if managers do not take reports seriously. Workers in a store environment should use the complaint channels Big Lots provides, then keep their own copy of what they reported and when. If the first report does not stop the behavior, the next step is to report again in writing so there is a paper trail.

Why the bankruptcy and store reshuffling matter

Big Lots’ legal and cultural problems land in a company that is already under pressure. The chain was purchased out of bankruptcy in 2025 by Variety Wholesalers, which says it brings more than 70 years of discount retail experience and plans to operate 219 stores in 15 states. Variety Wholesalers said it would reopen 219 Big Lots stores by June 2025, including 132 in May and another 78 in June.

That transition is not just a corporate footnote. When stores are reopening, staffing is changing fast, managers are learning new systems, and complaint handling can get sloppy. CNBC reported that Big Lots filed for bankruptcy with about 1,300 stores, $4.7 billion in 2023 revenue, and more than 27,000 employees, which shows how much disruption was already built into the business before the restructuring. In that kind of environment, workers can feel pressure to stay quiet, but silence is exactly what allows harassment to spread.

Big Lots has faced this before

This is not an abstract warning. The EEOC said Big Lots settled a sexual harassment lawsuit for $155,000 in 2012 after allegations that a store manager harassed a female employee and the company failed to take appropriate remedial action after complaints. In 2014, the EEOC said Big Lots Stores, Inc. settled a race harassment and discrimination case for $400,000 involving at least five employees and a consent decree.

The agency also said in 2016 that Big Lots condoned disability harassment at an Elkins, West Virginia, store and retaliated against an employee who reported harassment of a co-worker with disabilities. In 2019, Big Lots Stores, Inc. paid $100,000 to settle that disability discrimination and retaliation suit. For workers, the lesson is blunt: harassment complaints at this chain have drawn legal scrutiny before, and a manager who treats a report like a nuisance can turn a workplace problem into a legal one.

What to do if the behavior is repeat or tied to a protected trait

Not every unpleasant interaction is unlawful, but that does not mean workers should ignore it. If the problem is simply bad conduct, raise it as a workplace issue. If it involves race, religion, sex, disability, age 40 or older, national origin, color, or genetic information, treat it as a rights issue and document it with the same seriousness you would bring to a timecard dispute or wage complaint.

Keep your notes detailed and consistent:

• Save dates, times, and locations
• Write down exact words, images, or gestures
• List witnesses and supervisors who were present
• Record every report you make and to whom
• Note any change in hours, assignments, or treatment after you speak up

The EEOC received 88,531 new charges of discrimination in fiscal year 2024, more than a 9% increase from fiscal year 2023, which shows how common these disputes remain. At Big Lots, where stores are reopening and teams are being rebuilt, knowing the line between ordinary friction and unlawful harassment is one of the few tools workers can use immediately. When the behavior is tied to a protected trait, the safest move is to document it, report it, and keep going until the complaint is taken seriously.