EB Games has told the Australian Human Rights Commission it is committed to resolving the complaints of former Illawarra employees but has found no evidence of "unlawful discrimination, harassment or victimisation".
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Four men signed statutory declarations alleging sexual harassment, racial discrimination, bullying and intimidation at the Dapto and Figtree stores between October 2013 and February this year.
One accused the store's district manager Mark DiStefano of calling him a "faggot", pelting him with stock and referring to him as "the Indian" or Apu from The Simpsons TV show.
The former staffer, Cordeaux Heights man Randall, said the district manager had ordered him and other staff members to "metaphorically fellate customers" to make them happy and if they were still not happy "bend over the counter" and allow them to have sexual intercourse with him.
He claims he was told if he left EB Games he would likely end up a "taxi driver or sleazy car salesman".
In his statutory declaration, Randall said he was a casual senior sales associate at EB Games from October 16, 2013, to February 15, 2015, working mostly in the Figtree store.
"During this time there were many workplace incidents of bullying, harassment, sexual harassment, racial abuse, intimidation and threatening behaviour that took place," Randall alleged.
He said that in 2014 Mr DiStefano referred to him and his colleague Kurt as "faggots" on numerous occasions.
Kurt, a fellow employee, and two other colleagues witnessed the alleged incident.
Kurt, who has also filed a statutory declaration, said Mr DiStefano asked inappropriate questions like when the pair planned to "marry each other".
The 24-year-old from Figtree, who also didn't want his surname revealed, alleged that on September 25, 2014, Mr DiStefano inappropriately rubbed his back and shoulders which made him extremely uncomfortable.
Both Randall and Kurt allege that on the same day Mr DiStefano threw game cases and toys at Randall and called him an "idiot" and an "asshole".
A third employee, Brad, of Cordeaux Heights, alleged Mr DiStefano swore at him and called him a "c---" and "f---ing asshole" on numerous occasions and made jokes about his appearance and weight.
In a letter to the Human Rights Commission in regards to the complaints by Brad and Kurt, EB Games said it was made aware of the allegations by the Mercury and "invited all ex-employees named ... to contact the business for the purpose of finding out more about the matters alleged".
"EB Games then undertook an internal investigation, in consultation with its lawyers, which included an interview with [Randi], the only ex-employee who made contact with EB Games," the company's lawyer People Culture Strategies said. "Despite the lack of response from these ex-employees, EB Games undertook a very thorough investigation over a three-week period," the statement said.
"The overwhelming amount of evidence from other employees was in support of Mr DiStefano and the outcome of the investigation was that the allegations were without substance and not made out," it said.
"EB Games is committed to ensuring that harassment and discrimination do not occur and has committed considerable time and resources to investigating this matter thoroughly," he said.
The men who made the allegations all stand by their claims and are continuing their "fight for justice".
Access Law Group, on behalf of the complainants, requested a meeting be convened to "expedite a resolution to the various complaints" in the Human Rights Commission and the NSW Ant-Discrimination Board.
The letter, dated July 16, suggested "convening of a conference urgently may avoid the need for the formal process" and urged EB Games to take part.
The company has until August 8 to respond to the board.
