Superstore: America Ferrera Tackles Big-Box Retail

In Superstore, NBC has gifted us The Office-caliber employment law issues in a big-box retail setting.  The show focuses on the fictional Cloud 9 Superstore in Missouri and its delightful staff of misfits, led by America Ferrera.

Source: kondor83 / iStock / Getty

I am a bit late to this humorous party, but in just a couple of episodes I have noted:

• A female assistant store manager interrogating a new male employee about his sexual orientation and dating status during the onboarding process, because she has a romantic interest in him;
• An employee’s boyfriend faking an armed robbery in a misguided marriage proposal;
• A store manager and employees using shopping carts as race cars in the parking lot;
• A floor supervisor publicly telling the store manager that a reporter only liked another employee’s ideas because the reporter was sexually attracted to the employee;
• An assistant store manager demanding during a group meeting public confessions of inappropriate sexual behavior in the workplace;
• An employee confessing to having sex in a dressing room with another employee—a confession which was largely ignored;
• An assistant store manager playing a video for all assembled employees of an employee canoodling in the store with a reporter;
• An assistant store manager publicly announcing her (incorrect) belief that the reporter had sexually assaulted the employee; and
• The same assistant store manager publicly attempting to force the employee to agree that he had been sexually assaulted.

With such a wealth of employment issues in just two episodes, this show promises to be an excellent reminder of what not to do in a professional setting.  Thus far, it seems Cloud 9 could use the following employer tips:

• Never ever address private personnel matters, such as disciplinary or potential sexual harassment issues, in a store-wide meeting or other public setting;
• Implement strong policies addressing workplace safety, disciplinary actions, anti-discrimination, and anti-harassment;
• Train and re-train employees on those policies;
• Implement procedures for reporting, investigating, and addressing potential discrimination or harassment issues;
• Train and re-train managers on these procedures;  and
• Implement prompt remedial measures, such as disciplinary action up to and including immediate termination, where appropriate.

While Cloud 9 will surely continue to ignore even the most basic employer guidelines, let us know your favorite Superstore moments.

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  Kristin Starnes Gray, FordHarrison
  Kristin Gray represents management in labor and employment matters in the courts, in arbitration, and before government agencies, including the EEOC, the U.S. Department of Labor, the South Carolina Department of Labor, the South Carolina Human Affairs Commission, and other agencies at the federal, state and local level. She concentrates her practice on representing management in matters related to employment issues including discrimination, harassment, and retaliation claims under Title VII, the ADA, the ADEA, and state law. Kristin also assists management with issues related to HIPAA compliance, employment policies, handbooks, the FMLA, contracts, separation agreements, wage and hour, and other workplace matters. Find her on LinkedIn here.