Illinois Sexual Harassment Attorney Blog

Hilltown Packing Company settles sexual harassment lawsuit for $48,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Filomena Ruelas and other women who worked for the company. According to published reports, Ruelas and others were sexually harassed by their supervisor and then the company engaged in retaliation when they opposed the sexual harassment.

The company which packages Broccoli denied any wrongdoing but the settlement amount should serve as evidence as to what really happened. Supervisors are in a position of authority over employees and they must act in a responsible manner. I am glad that the EEOC stepped in and held the company responsible.

“Women in the agricultural industry are particularly vulnerable to sexual harassment, especially immigrant women who may not be proficient in English and are unaware of their employment rights,” said EEOC Attorney William R. Tamayo.

The Musselman Company will pay $300,000 to a class of female workers to settle a sexual harassment and retaliation lawsuit filed the by Equal Employment Opportunity Commission ("EEOC") on behalf of the women. In court papers the EEOC alleged a class of female farmworkers was subjected to sexual harassment by male coworkers at its processing plant. The sexual harassment included lewd comments and unwanted sexual advances.

The male coworkers also used a forklift to chase women as they walked down the hall. The company wrongfully disciplined or reassigned employees in retaliation for their complaints about the abusive treatment. The EEOC was able to hold the company responsible and make them pay a significant amount of money.

"The EEOC has seen a troubling number of sexual harassment charges filed by farmworkers across the country,” said Debra Lawrence, the regional attorney of the EEOC"

Mike Enyart & Sons, a construction company is sued for racial discrimination and illegally firing an employee who complained about the conduct. The Equal Employment Opportunity Commission ("EEOC") filed the lawsuit on behalf of Mareo Allen an African-American. According to accounts that were published, Allen was subjected to a hostile work environment based on his race, when he worked for the company on a sewer line installation project. While working on that project co-workers and a foreman repeatedly used racially offensive slurs and epithets to Allen and other black persons, including n----r, black boy and colored boy.

The company failed to stop the discrimination and prevent the hostile work environment. In a crazy statement the company told Allen he could only stay employed if he agreed not to pursue his discrimination claims. When Allen refused to withdraw the discrimination claims, the company terminated him in retaliation for his opposition to the racial harassment.

“It is appalling that the company not only condoned the vile and offensive racial epithets made to Mr. Allen, but actually warned him that he had to drop his complaints about the racial harassment in order to keep his job,” said EEOC Attorney Debra Lawrence

A federal district court ordered an employer to stop questioning Hispanic farm workers who filed charges of sexual harassment and retaliation with the Equal Employment Opportunity Commission ("EEOC") concerning their immigration status, employment history and, in one woman’s case, her sexual history. The employer is this case was trying to kick up as much dirt as possible to distract from what was really taking place.

The Judge reasoned that the public interest would be far better served if meritorious discrimination claims were filed by immigrants regardless of their status. Another words, if people have to fear being deported or getting into immigration trouble they are less likely to come forward and complain about sexual harassment or other forms of discrimination.

An Elks Lodge in Jerseyville Illinois will pay $107,500 to settle a sexual harassment lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of three female bartendors. According to the lawsuit the club’s trustees sexually harassed the three female bartenders. Details of the claims include that three trustees made repeated unwelcome sexual advances and sexually explicit comments to three bartenders but when the women complained, they were threatened, their hours were cut and they were assigned the least desirable shifts. This type of treatment is also referred to as retaliation.

One woman was fired, and the other two felt forced to quit. When an employee feels that because of discrimination directed toward them they must quit their job, the legal term utilized to describe it is constructive discharge. As part of the settlement, the Elks Lodge also agreed to conduct sexual harassment training for Elks managers and employees and to report complaints of sex harassment made by Elks employees to the EEOC regional attorney for a period of three years

Carmel City will pay $600,000 to settle a sexual harassment and age discrimination lawsuit. The lawsuit was filed against the city because allegedly the city's top administrator Rich Guillen sexually harassed Jane Kingsley Miller, the city's human resource manager. After Miller rejected the sexual advances she claims Guillen engaged in retaliation. Miller alleged in her lawsuit that the office was a buzz with sexual activity and two women who had sex with Guillen were rewarded while her position was eliminated after she refused to have sex with Guillen.

In the lawsuit Miller alleged that what was going on in the office was common knowledge around City Hall and nothing was done to stop it. Miller was 63 years old and anyone over the age of 40 may allege age discrimination if they have facts to support it. Cases like this show how public entities throw tax payer money around like there is a printing machine in the back room. I don't know what Miller was making per year in salary but the smarter thing to do would have been to buy her position out and retire her once she came forward with complaints. Also, if the city had investigated this properly, and put a stop to it, perhaps they could have saved a great deal of money. By paying this amount of money, the city realized it had a losing case, the typical language about paying to end litigation but not acknowledging liability is laughable when you pay over half a million dollars.

"By resolving this matter and avoiding months of litigation and expense we can look forward to redirecting more energy and resources to the many challenges facing the city in these uncertain economic times," the city's press release said.

Adecco settled a retaliation lawsuit that was filed by the Equal Employment Opportunity Commission ("EEOC") for $62,500. According to published accounts, Adecco disciplined and fired Jeffrey A. Byard, a former office supervisor because he spoke out in support of his supervisor when she complained of sexual harassment by her boss. In sexual harassment and other discrimination cases, they people who are part of the investigation also have protections.

Title VII of the Civil Rights Act of 1964 makes it unlawful to retaliate against an employee because he testified, assisted, or participated in a proceeding protected that law. I see many cases where the company retaliates against people who are involved in an internal investigation and it ends up costing the company more to settle those cases than the original case. This company needs better internal processes in place with regard to conducting a proper investigation. I bet after paying this amount of money they will put better processes in place.

“Claims of retaliation are taken very seriously by the EEOC,” said Mary Jo O’Neill, EEOC Attorney. “Employers cannot take action against employees because of their participation in employment discrimination claims, either as a witness or because the employee gave a statement, as Mr. Byard did."

Vandy Glenn a transgender woman won a gender discrimination lawsuit against the Georgia General Assembly, after she was fired because she started to transition from male to female. Glenn, was hired as editor of the State Office of Legislative Counsel five years ago and a year after she was hired, she decided to change from a male to a female. She was terminated from her position after Sewell Brumby, the director of the office said he worried how other people would react. This could have been a retaliation lawsuit because she was fired in retaliation for not conforming to the illegal views of her supervisors.

I would like to congratulate Glenn on her victory and on hanging tough and protecting her rights. Getting fired while you continue to do a great job is unconscionable. It amazes me that some organizations still live in the stone age and can't quite get their brains around the idea that not all people are the same. This country was built on individuals rights and allowing people the freedom to live how they choose within the law. Vandy Glenn by all accounts was a great worker and deserved to be treated much better than this. I am glad she is getting her just rewards. The court will be holding a damages hearing later and I hope her bank account gets full.

Sewell Brumby said that "lawmakers would view her transition as immoral."

Billboard company Trinity Products, Inc. pays $55,000 to settle a sexual harassment and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female assistant. According to the published documents in the lawsuit a high-level manager sexually harassed the assistant with offensive language and gestures. Additionally the manager asked the assistant for sexual favors.

The female rejected the advances and because of that the manager tried to replace her. She also complained about the conduct of her manager and that resulted in her discharge. Such conduct is called retaliation. It is unlawful to fire someone because they are complaining about sexual harassment. This is a classic case of the company trying to sweep a person complaining under the rug. Hoepfully the company will spend some time training its' managers and other high ranking employees on discrimination law and give them a primer on sexual harassment.

“Federal law mandates a workplace free from sexual harassment and retaliation for reporting such misconduct,” said Barbara A. Seely, attorney of the EEOC.

The only thing worst than being subjected to sexual harassment and retaliation for either reporting the sexual harassment or rejected the advances is to not be able to prove your case and therefore be left holding the bag. It is very important to have either a witness or a tangile piece of evidence that will support your allegation. I won't spend much time on the witness because if you have one, that person can speak to what happened. One thing I would say about witnesses in general are that sometimes they are reluctant to come forward because they fear for their job. The point is, sometimes you think you have witnesses but when it comes right down to it, you won't.

The next best evidence are the words from the harasser. The best way to get his words are if he leaves a voice message or is he sends you a text or email. Remember in Illinois you can't record someone without their permission. On the other hand if the person leaves a voice message, he is consenting by leaving the message so saving his message is legal and you can utilize this at trial. If your harasser sends you a text message save it and get in touch with an attorney early on so he can show you how to properly save the text message for use later on. Your case will first be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC") and 90% of all cases settle so there is a good chance you will never have a trial.

Continue reading "Proving Your Sexual Harassment Lawsuit" »

The state of Oregon and former Public Safety Standards and Training director John Minnis pays $450,000 to a woman who had accused Minnis of sexual harassment. Minnis no longer works in his position as he was forced to quit after the allegations in the lawsuit became public. The woman who remains annonymous worked for Minnis and alleged that he sexually harassed her at the job and exploited her alcoholism in attempts to seduce her on business trips.

What was utilized to prove the sexual harassment was a timeline of events that was out of place along with the statement of the woman. In this case Minnis promoted the woman then gave her a raise that was out of the norm. Minnis and Doe attended a work-related conference in Bend and at that conference Minnis groped Doe in a hot tub and in his room, but she told him that she was not interested. Even though this would be her word against his, the other evidence provided a story of its own.

Continue reading "Woman Receives $450,000 To Settle Sexual Harassment Lawsuit" »

McGriff Industries, Inc. pays $100,000 to settle a racial harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Todd Roseborough, Sr., Paul Hogan and Aaron Greenwood all African-American employees. According to details in the lawsuit employees and managers used racially derogatory comments, slurs, and insults directed at African-Americans employees. The racial misconduct escalated to threats and intimidation, including a derogatory threat to cut one of the black employees.

Both white and black employees were offended by the racial harassment but were retaliated against when they complained. In once instance an employee was terminated when he complained about the discrimination that was taking place. This type of behavior by a large company is outrageous. These individuals hung in there and fought for their rights and in the end they prevailed. Hopefully, the company will not wish to dole out this kind of money in the future and will better train employees on the proper work behavior.

“This case is important because no employee should be subject to racism in the workplace and every employee can be offended by a racially hostile work environment,” said EEOC Birmingham District Director Delner Franklin-Thomas.

Adecco Staffing will pay $12,000 to settle a sexual harassment and retaliation lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a group of female workers. According to published accounts, a supervisor frequently made lewd and sexually offensive remarks to the female workers. He also allegedly rubbed himself against them, hugged them and slapped them on the buttocks.

The workers complained to Adecco officials but nothing was done to stop the sexual harassment. In fact, the company not only failed to intervene on their behalf but continued to assign female employees to work under the alleged harasser. Adecco then retaliated against one of the workers by firing her, while another was forced to quit because of the “ongoing and intolerable harassment. When a worker is forced to quit because of sexual harassment or other forms of discrimination it is known as a constructive discharge.

Continue reading "Adecco Staffing Pays $12,000 To Settle Sexual Harassment and Retaliation Lawsuit" »

The Community College of Baltimore County pays $50,000 to settle an age discrimination and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Sheri Chosak. Chosak was a 60-year old employee who was trying to get hired as a part-time English as a Second Language (ESOL) academic advisor but claims she was denied the job because of her age. The Age Discrimination in Employment Act ("ADEA") prohibits employers from refusing to hire or promote individuals who are 40 or older because of age.

This type of case illustrates why employees have to work hard to protect their rights and if they believe they are the victim of discrimination, they must fight. It seems in this tough economy many employers are taking the attitude that they can do anything regarding employment decisions and not be held accountable. Good for this woman and her ability to stand her ground and fight for her rights.

“Employers who refuse to hire qualified applicants based on age not only forgo the opportunity to hire talented workers, they also risk having to defend themselves against an EEOC lawsuit,” said EEOC Attorney Debra Lawrence

A former California Conservation Corps supervisor who was fired for reporting sexual harassment has been awarded $159,000 in a jury verdict. The case involved 66-year-old Margaret Grodzik. She worked at the Corps for three years and was fired after she reported sexual harassment and other misconduct including retaliation.

During trial Grodzik testified that the female corps members were subjected to rape, sexual harassment and retaliation by their male counterparts and that many of the women suffered injury. The jury obviously found her credible and awarded her some substantial money. It is always nice to see someone stand up and take on their employer. Jury trials have advantages and disadvantages. One advantage is that a jury can put themselves in your shoes and feel your pain, whereas a Judge is more likely to become less emotional.

MRA Systems Inc., a subsidiary of General Electric pays $130,000 to settle an age discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of 61 year old Louis Behrendt. According to the lawsuit MRA Systems gave Behrendt a lower performance rating, despite his successful job performance, because of his age. Additionally, the company failed to assign Behrendt to a position as a Production Control Leader 5 and instead awarded the position, which had greater salary potential, to a younger, less-qualified employee.

This type of behavior is against the law and usually can be proven with performance evaluations and other documents in personal files. In addition to not promoting him the company subjected him to unfair and heightened job scrutiny, gave him poor performance ratings and refused to promote him based on his age and in retaliation for his internal complaints about discrimination. Many times retaliation complaints are also filed with charges of discrimination.

"Age-based stereotypes about the abilities of older workers can result in older employees receiving lower performance ratings, lower compensation, and fewer promotional opportunities than younger co-workers," said EEOC Attorney Debra Lawrence

Continue reading "MRS Systems Settles Age Discrimination Lawsuit For $130,000" »

TIN, Inc., settles age discrimination lawsuit for $250,000. The lawsuit was filed by the Equal Employ­ment Opportunity Commission ("EEOC") on behalf of three employees over the age of 40. According to details in the lawsuit, the company took employment actions in favor of younger workers and adverse to the three workers who were over 40. The Age Discrimination in Employment Act of 1967 ("ADEA") protects people 40 years of age or older from employment discrimin­ation based on age and from retaliation for complaining about it.

This type of behavior against older workers is not tolerated and will result in a discrimination lawsuit. Most of the workforce is over 40-years of age and usually older workers make more money because they have more experience. Some business owners believe they can cut costs by firing the older workers and replacing them with younger, less expensive workers. Employers beware if this is your strategy.

“Workers over 40 often possess extensive job experience and skills, yet are still vulnerable to discrimination,” said EEOC Regional Attorney Mary Jo O’Neill. “Employers must look beyond age when making life-changing decisions for employees such as hiring and firing.”

My website lasorsalaw.com generates many inquires about sexual harassment cases in Illinois and throughout the country. Even though I have videos on the website to walk people through the steps of filing a lawsuit or complaint regarding sexual harassment, people still have many of the same questions. I hope to answer a few here with this general post. The first decision a person must make is whether to file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). With the IDHR, a person has 180 days from the date of the last sexual harassment to file a complaint, with the EEOC the person has 300 days to file a complaint of sexual harassment.

Another factor to consider is whether or not you wish to file a lawsuit in state court, federal court or have an administrative law judge at the Illinois Human Rights Commission ("IHRC") decide your case. Having the IHRC decide the case is the least expensive but may take the longest. Federal court is the quickest route to take but it is also the most difficult, expensive and employment law on the federal level favors employers in my opinion. It is important to discuss all options with attorney Peter LaSorsa and see which one works best for your situation. Sometimes the amount of time since the last date of sexual harassment will dictate which way to proceed. For example if you wait 200 days to contact my office, we will have no choice but to file with the EEOC.

Continue reading "Filing A Sexual Harassment Complaint With The Illinois Department of Human Rights" »

Kimberly Passananti was awarded a whoping $4.1 million by a federal jury in her sexual harassment lawsuit. She filed the lawsuit against Cook County alleging sexual harassment by her supervisor. According to details in the lawsuit, Passananti was sexually harassed by John Sullivan at the sheriffs department. Passananti alleged during the trial that she was terminated from her position as deputy director of the Day Reporting Center.

During trial she accused Sullivan of spreading false rumors among colleagues that Passananti engaged in sexual relations with an inmate she supervised, made repeated unwanted sexual advances and called her "bitch" on numerous occasions. Passananti was fired and the reason given for her termination was that her position had been eliminated. However, a male was hired to replace her and the reason given to her was just pretextural. It is often called retaliation when someone fires you for opposing sexual harassment.

"Sullivan intentionally subjected plaintiff to unequal and discriminatory treatment by creating a hostile and abusive work environment that altered the condition of plaintiff's employment," according to court papers.

Spencer Reed Group will pay $125,000 to settle a racial discrimination, age discrimination and retaliation lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 55-year-old white employee. According to the lawsuit Spencer Reed violated federal law by discriminating against 55-year-old Caucasian employee because of her race and age and fired her as retaliation for her complaining about it. She was treated different than the younger African Americans.

The white woman worked as a senior functional analyst for Spencer Reed Group since 2003, was treated differently in many ways because of her age and race. She was subjected to adverse employment actions such as unduly harsh discipline, denied training, given the heaviest and most difficult workload and forced to provide work reports on a weekly instead of monthly basis.

One of the woman’s co-workers, a lead financial management analyst, said she felt that the treatment indicated “prejudice.” Finally the employee complained about the disparate treatment, but she was fired as retaliation the next day, the EEOC charged.

Noble Metal Processing will pay $190,000 to settle a racial discrimination and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of non-white employees. According to details in the lawsuit, Noble repeatedly overlooked qualified non-white employees, including a group of black employees and a Bangladeshi employee, for promotions to the maintenance department.

Also included in the case was a white employee who opposed this type of racial discrimination and complained that managers in the maintenance department were using racial slurs was fired shortly after the company learned of his complaints. It is hard to imagion companies still behaving in this fashion given the amount of information that is available on discrimination. Once again the EEOC did a great job and held the company responsible. I see many discrimination cases based on non-white workers from countries in the far east.

“Noble should be commended for reaching a resolution despite its financial difficulties,” said Nedra Campbell, an EEOC attorney in the Commission’s Detroit office. Under the parties’ agreement, seven employees will share in the lump sum settlement amount of $190,000.

The Dudley Perkins Company, the country’s oldest Harley Davidson motorcycle dealership, will pay $55,000 to settle a gender discrimination and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Bowen Dean a female employee. According to the lawsuit, Dean was not allowed to work as a mechanic, while hiring less qualified men for the same position.

In many different professions that are dominated by men, females have a hard time breaking into their ranks. This is a classic case of a qualified female not being able to work in a job solely because of her gender. It is nice to see her pursue her rights and hold the company accountable. The EEOC also did a great job making sure she was compensated.

“Breaking into jobs in non-traditional fields continues to be a challenge for women, and despite the prohibitions on sex discrimination written into federal law in 1964, some sex segregation in employment continues,” said EEOC Attorney William R. Tamayo.

Affordable Care coughs up $150,000 to settle a sexual harassment and racial discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of two female employees. According to published documents Affordable Care violated federal law when its affiliated dentist, Nelson Wood, engaged in sexual harassment and racially harassed two female employees. The facts were that Wood created a sexually and racially hostile work environment for Ariede Mills, who is African American, and Laura Carl, who is white.

The lawsuit alleged Wood referred to women as “whining bitches,” propositioned Mills for sex, spanked Carl repeatedly on the buttocks, made insulting remarks about blacks, and claimed that he had a relative who was a member of the Ku Klux Klan. It is outrageous the a professional would act in this manner. Both Mills and Carl complained repeatedly about Wood to Affordable Care but the company failed to stop the harassment. To add fuel to the fire Mills was fired in retaliation for her complaints, and Carl was forced to quit because of the offensive conduct. Quitting because of that type of behavior is referred to as constructive discharge.

EEOC Attorney Markus L. Penzel said “The EEOC is pleased that Affordable Care worked cooperatively with us to resolve this case with minimal litigation."

According to the lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") the Dollins Construction company punished black workers for complaining about a noose display and racist statements. According to the lawsuit Dollins violated federal law by racially harassing three African American construction workers and then engaging in retaliation against them when one complained.

Apparently the racial discrimination included the use of racially charged comments and the display of a noose. After they complained about the racial harassment they were not sent out on any further jobs, which is retaliation. As part of the settlement they will receive $15,000. Not only does this type of behavior cost the company money but I am sure it will cost them business with people who do not want to hire a company that allows this type of activity to take place.

“No matter how small an employer may be or how limited its resources, the EEOC will use the full measure of the law to eradicate racist displays from any place of employment,” said EEOC District Director James R. Neely, Jr.

The Equal Employment Opportunity Commission ("EEOC") filed a religious discrimination lawsuit on behalf of a Thomas Kokezas claiming he was discriminated against because he wasn't a certain religion and because of his age. Additionally the EEOC said Orkin engaged in retaliation against an applicant who complained to the company’s corporate headquarters about the alleged discrimination.

The age discrimination lawsuit claims Orkin discriminated during the hiring process against Thomas Kokezas, as well as a class of individuals based on their age, over 40, or religion, non-Mormon. The lawsuit alleges Orkin advertised on Craig’s List for a recruiter to assist in hiring LDS missionaries for seasonal employ­ment and stating that the summer position was great for returned missionaries, who tend to be in their 20s. Under the law such advertising is illegal because it shows a preference for a particular religion, and also a preference for younger workers.

“Employers must be vigilant in providing equal employment opportunities for all applicants regardless of their age or religion,” said EEOC Attorney Mary Jo O’Neill.

Creative Networks will pay $110,000 to settle a retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Rhonda Encinas-Castro. The lawsuit claims two coordinators at the company were the victims of retaliation for complaining about national origin and racial discrimination and participating in an investigation about both.

Details in the lawsuit claim that Castro went to the EEOC to file a charge of discrimination based on national origin and race. However, the company fired Castro about 14 days later. Also the executive director threatened to fire Kathryn Allen, who had never been disciplined for anything before, because she had been named as a witness in Castro’s discrimination charge. This type of behavior by a company is not only wrong but illegal. The company could not honestly believe they would get away with this type of discriminatory behavior.

"We will continue to vigorously protect employees who complain about discrimination or serve as witnesses to it because they are the lifeblood to effective enforcement." said EEOC attorney Mary Jo O'Neill

Amino Transport, Inc. and Chariot Express, Inc. will pay $50,000 to settle a retaliation, religious and pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Joshua Male. According to the lawsuit Male’s employer engaged in retaliation firing him because he had complained about workplace comments being made by two coworkers. The lawsuit also claims Male complained to the human resources ("HR") manager about persistent inappropriate jokes about Mormons, as well as workplace comments allegedly disparaging a pregnant female co-worker, women in general, and an African American.

The HR manager reported Male's complaints to the general manager of the facility, and Male was fired within less than 72 hours. This type of behavior is so obvious and it is amazing that companies still believe they can get away with treating people this way. It is nice to see people stand up for their rights and not let companies operate in this fashion.

“No one should lose his job for alerting human resources to inappropriate workplace behavior,” said EEOC attorney Jim Sacher.

The University of New Hampshire pays $220,000 to settle a sexual harassment lawsuit filed by Amy Kallianpur, a former professor. According to the lawsuit, Kallianpur alleged she was the victim of sexual harassment by her boss, department Chairman Chuck Gross. She accused Gross of making sexually offensive statements such as repeatedly telling her that he loved her and demanding that she tell him that she loved him. Gross also allegedly made demands that they share a hotel room. Kallianpur first filed her complaint with the Equal Employment Opportunity Commission ("EEOC") and then filed a lawsuit in federal court.

Kallianpur complained to management about the sexual harassment and management refused to intervene and stop it. After Kallianpur complained Gross and the school engaged in retaliation against her by not renewing her contract. Gross no longer works at the University as he retired prior to the settlement of the lawsuit. It is always nice to see people stand up when they are being discriminated against.

"He threatened her by telling her a story about a student who intended to complain against him, and how he preempted her complaint by giving her a failing mark so as to damage her credibility," the lawsuit said.

Thomas Dodge paid $132,250 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of female employees who claimed offensive touching, degrading and sexually explicit comments and pornographic images. According to the lawsuit the females reported the sexual harassment and unprofessional conduct to management but no corrective action was taken. Some of the female employees who complained were terminated and others were forced to resign. Those would be examples of retaliation and constructive discharge.

It is amazing that so many women could come forward and complain and management would do nothing to stop the harassment. Management in this case even went a step further and punished the women for complaining.

Eagle Wings Indusdries which is an automotive supplier pays $428,500 to settle a sexual harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of three female employees. One of the female employees Kimberly Bridgman alleged comments directed at her were lewd and included a request for oral sex in exchange for a transfer. This type of sexual harassment is referred to as quid quo pro and is latin for 'this for that". Another words, the requesting party was asking for something in return for something.

You can see how expensive the bad behavior of an employee can be. It is extremely important that employers take sexual harassment complaints seriously and train employees properly on what behavior is acceptable in the workplace. In this case Bridgman took disability leave because of the sexual harassment and when she returned to work the conduct continued forcing her to take leave again. This time when she tried to return to work, Eagle Wings refused to reinstate her unless she agreed to undergo a battery of psychological examinations. At this point she claimed to be constructively discharged and filed the lawsuit. Constructive discharge occurs when the employer sets forth conditions which if aren't met require the employee to stay off work.

A cashier and part-time cook at Bon Appetit alleged she was sexually harassed by her general manager Leslie Simmonds. She alleged the sexual harassment included being asked for sex, inappropriate comments and making her read a pornographic story he had written. The story was very detailed and very sexual. As a result of this behavior the female filed a sexual harassment complaint and settled her complaint for $22,500. The retaliation portion of her complaint arose after she rejected his sexual advances, and Simmonds retaliated by treating her poorly, and requested that she be transferred to his location.

She complained to Bon Appetit's district manager and provided a detailed account of the sexual harassment she had experienced. The district manager denied the harassment and stated that she had engaged in unacceptable behavior. Subsequently a raise she had been set to receive was revoked, and she was excluded from meetings. She resigned, believing that she had no choice and that her employer's treatment constituted a constructive discharge. It still amazes me that so many people in upper management take the approach of shooting the messenger instead of doing a proper investigation and resolving the problem. In this case Bon Appetit got off cheap.

Continue reading "Bon Appetit to pay $22,500 in Settlement of Charge of Sexual Harassment and Retaliation" »

The Maryland Classified Employees Association ("MCEA") union pays $80,000 to settle a retaliation lawsuit. The lawsuit was filed by the Equal Employment Oppor­tunity Commission ("EEOC") on behalf of Gail Tate-Buntin. According to the lawsuit Buntin was involved in an EEOC investigation based on allegations of another employee, Michele Handy. Buntin claims she suffered retaliation because she was truthful during the investigation and the company did not like what she witnessed.

According to the lawsuit MCEA denied a promotion to Handy and subjected her to discriminatory terms and conditions of employment because she filed a discrimin­ation complaint with the EEOC. This is a classic case of an employee minding her own business and being brought into an investigation and then having something negative happen to her. Employers would be wise to look at this case and develope employment practices that don't violate the rights of its' employees.

“Title VII depends for its enforcement upon the cooperation of employees who are willing to oppose or report employment discrimination,” said EEOC Acting Regional Attorney Debra M. Lawrence.

Cannon & Wendt Electric Co. will pay $100,000 to settle a national origin discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Victor Cortez who claims he was subjected to racist statements based on his national origin and that he was the victim of retaliation because the company terminated him after he complained about the unlawful discrimination.

According to details in the lawsuit Cortez's immediate supervisor Mark Ghose made very crude and illegal comments to him. The comments included “I hate all Mexicans,” “they are worthless,” and “I hate Mexican music.” Ghose made it clear that he wanted to fire Cortez. Cortez complained to upper management and to the owner Albert Wendt, however nothing was done to stop the harassment and he was fired. This company is a repeat offender as far as discriminating against employee and it is nice to see the EEOC keep after this company. Hopefully, people will read about what is taking place and not do business with this company.

"This is a particularly troubling case because the EEOC sued this particular employer for religious discrimination a few years ago. After being sued, most employers take their EEO obligations under the law seriously. It is troubling to the EEOC to see a repeat offender.” said Janet Elizondo, EEOC attorney.

Golden State Mutual Life Insurance will pay $30,000 to settle a retaliation lawsuit. The retaliation lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of William Barringer after he was demoted in retaliation for reporting sexual harassment. According to the lawsuit, an employee who Barringer managed was sexually harassed by his supervisor, and this supervisor also supervised Barringer. Barringer reported the sexual harassment to the vice president and also told his supervisor that he was reporting his behavior.

In this case the Barringer stuck his own neck out to protect one of his employees and he suffered retaliation. It is good to see a good boss who goes to bat for his worker. I am very glad the EEOC was able to help Mr. Barringer and he was able to make the company pay for their handling of this situation. Good job Mr. Barringer.

“Employees should be confident that they can make their employers aware of violations of federal anti-discrimination laws without fear of reprisal,” said Lynette A. Barnes attorney of EEOC. “The anti-retaliation provisions of Title VII are indispensable to the attainment of a workplace free of discrimination.”

The University of Louisiana ("ULM"), will pay $450,000 to settle an age discrimination and retaliation lawsuit. The lawsuit was filed by the Equal Employment Oppor­tunity Commission ("EEOC") on behalf of former professor and dean of the College of Business Administration, Dr. Van McGraw. According to the lawsuit McGraw alleges the university rejected him for employ­ment repeatedly because of his age, and because he had filed an earlier age discrimination lawsuit against the university.

The lawsuit alleges the University violated the Age Discrimination in Employment Act ("ADEA"). McGraw had previously worked for the university for 37 years and retired in1989 as dean of the College of Business Administration. After retiring he was imme­diately rehired as a professor in the Department of Manage­ment and Marketing. ULM terminated McGraw in 1996 under a then-new board policy regarding the reemployment of retirees.

The most frequently filed charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") in 2009 were racial discrimination (36 percent), retaliation (36 percent) and gender discrimin­ation (30 percent). The reason why the numbers add up to over 100 is that charges of discrimination can have multiple categories selected. For example someone may file a charge claiming racial discrimination, gender discrimination and retaliation. In fact it is more common to have multiple charges than just a single charge of discrimination.

The administrative assistance to former Mayor Gary Becker’s will receive $50,000 to settle a sexual harassment lawsuit she filed. According to the discrimination complaint she worked in a hostile work environment because of the sexual harassing nature of the comments and acts of the Mayor. She also claimed retaliation because she was terminated for filing a complaint about the sexual harassment.

The settlement amount includes $20,000 for compensatory damages, $5,000 for past wages and $25,000 for attorney fees. In cases like this, where one man has so much power, lawyers will often advice the party to settle. If this case were to go to trial and if the facts alleged were proven, the damages would easily be in the six figure range.

Nicole Whitley agreed to settle her sexual harassment, gender discrimination and retaliation lawsui against the city for $170,000. According to the lawsuit Whitley was fired in retaliation for filing a sexual harassment and gender discrimination complaint while she was a police cadet at the state police academy. The problem for Whitley started when she was called into a room by a lieutenant and told that her nipples showed through her uniform during training and she was asked whether she was wearing a sports bra. The lieutenant went on to tell her to wear extra lawyers of clothing and a coat during future training.

Whitley complained to superiors about the conversation and need to wear extra clothing and felt that she was being singled out. Whitley injured herself and was placed on light duty. She was fired a few months later citing her probationary performance review as the reason. In that review she was cited for missing classes and failure to turn in a report. She believes this was a pretext for firing her because she complained about the comments. After being fired Whitley finished college and received a degree in criminal justice but has been unable to find employment.

This case shows the long term damage that can occur if you complain about discrimination. It is important to follow through and not let a termination of employment go unchallenged. In this case, she is getting a good settlement and this should help her find future employment.

RJB Properties, Inc. and Blackstone Consulting, Inc., have been sued for sexual harassment, retaliation and national origin. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Latino employees. According to the lawsuit, 14 employees who worked as janitors and supervisors were fired because of their national origin, sexual harassment and retaliation. The Hispanic employees also had to listen to derogatory names and comments while they were working.

Additional details of the lawsuit include one Hispanic supervisor who was fired because he would not follow his superiors orders to fire another Hispanic employee for no reason. An employee does not have to follow discriminatory orders from management. It was nice to see this supervisor stand up to management and not follow their allegedly illegal orders. The EEOC also alleges Hispanic male employees were subjected to sexual harassment and when they would not go along with the request for sex, were subjected to retaliation by being fired.

“Employers cannot apply one set of rules to Hispanic workers and another set of rules to non-Hispanic workers, which is what we found occurred here. said EEOC attorney Ann Henry

Continue reading "Chicago Based RJB Properties Sued For Sexual Harassment and Retaliation" »

Kane County Illinois will pay $75,000 to Erma Rodriquez who is a former corrections officer to settle her sexual harassment lawsuit. Rodriquez claims she was subjected to sexually suggestive remarks over the course of two years and she reported the harassment to her superiors. She also filed a complaint with the Equal Employment Opportunity Commission ("EEOC") and claims to have been the victim of retaliation for making the report. According to the lawsuit Rodriguez received a verbal reprimand after filing her claim with the EEOC.

The final straw for Rodriquez was when she found a phallic-shaped piece of insulation foam that had graphic markings on it. The item was left on her desk and caused her emotional distress. The lawsuit claims the day she found the item and reported it, she became the subject of an internal investigation which she claims was done in retaliation for making the report. It is typical in sexual harassment lawsuits to see the defendant make life difficult for plaintiffs once they come forward and file complaints. This is typical behavior and I am glad to see the defendants pay for what they did wrong.

Chicago bakery Gonnella Baking Co. agreed to pay $350,000 to settle a retaliation and national origin harassment lawsuit. The lawsuit was filed by the Equal Employment Oppor­tunity Commission ("EEOC") on behalf of seven Mexican employees. According to allegations in the lawsuit Gonnella did nothing to stop the harassment of the employees. This type of behavior is not acceptable and illegal in Illinois.

The employees allege that their manager made hostile comments about them because they were Mexican. Once employees complained to management about the comments they were subjected to shifts that lasted over 12 hours and in some cases 19 hours. They were also told to not complain further about the discrimination or else face the consequences. This type of behavior is considered retaliation. In Chicago there are many companies that treat employees like this and hopefully more employees will come forward to assert their rights.

“The derogatory language and other harassment directed at the employees in this case are entirely inappropriate in the workplace,” said John Hendrickson, the EEOC’s regional attorney in Chicago.

Greenforest Community Baptist Church agrees to pay $53,000 to settle two pregnancy discrimination lawsuits. The lawsuits were filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Victoria Brown and Shuntal Prince. According to details in the lawsuit Greenforest violated federal law when it fired Prince and rescinded a job offer to Brown after learning they were pregnant. They company not only engaged in pregnancy discrimination but also retaliation.

In the case of Brown she already received an employment offer when she went for a follow-up meeting with the headmaster to discuss some final pre-employment matters before she was to begin her new job. During this meeting, Brown informed the headmaster that she was pregnant and the headmaster told her she would not be able to teach there because of her pregnancy. This is a clear violation of Title VII of the Civil Rights Act of 1964.

In the second case Prince was called into a meeting with the school’s director to discuss some concerns she had about Prince’s health. Although the context of the meeting seemed routine it was really a pretext for discussing Princes pregnancy. During the meeting, the director told Prince she heard rumors that Prince was pregnant. Prince confirmed that she was pregnant and the director fired her.

“Pregnant women have an equal right to participate in the work force,” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office.

Continue reading "Baptist Church Settles Pregnancy Discrimination Lawsuit For $53,000" »

Kmart Corporation pays $120,000 to settle an age discrimination, constructive discharge and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 70-year-old pharmacist. According to details in the lawsuit, Kmart thought the pharmacist was too old and should retire. Kmart also said the pharmacist was greedy for wishing to work once she reached 70 years of age.

Kmart scheduled the pharmacist to work on Sunday even though they were aware she attended church and would not be able to work that day. This is a prime example of how coompanies try to set workers up for failure by asking them to do something they know they can't do in an attempt to come up with a reason to fire the worker. Kmart also threatened legal action against the pharmacist using a pretext on an unrelated matter to retaliate against her for her discrimination complaint. The pharmacist was forced to quit her position because of the harassment and this is referred to as constructive discharge.

“Instead of addressing this pharmacist’s legitimate complaints of age discrimination, Kmart made a bad situation worse by threatening her for complaining,” said EEOC Acting Chairman Stuart J. Ishimaru.

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Alliance Rental Center will pay $21,500 to settle a religious discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a former worker, Tyler Templeton who was fired because he would not wear a red shirt on Friday to show his support for the military. According to the lawsuit Templeton who is a Jehovah's Witness, said it was against his religious beliefs and his observance of neutrality on issues of war to go along with wearing the red shirt.

Templeton informed his supervisors about his religious beliefs and his observance of neutrality on issues of war, including military efforts, but was reprimanded for not complying with the Friday dress code. It would not have taken much for the company to respect the religious beliefs of Templeton and tell him it was okay not to wear the red shirt. The company is in business to make money not to tell people what they should support. Templeton was fired shortly after he refused to wear the red shirt. Firing him is regarded as retaliation.

“This is a positive outcome for all parties involved, and it is our hope that the company will be successful going forward as a result of the changes called for in this settlement agreement,” said EEOC Trial Attorney Meaghan Shepard.

The Boeing Company will pay $380,000 to settle two lawsuits involving gender discrimination and retaliation. The lawsuits were filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of two female engineers. In the first lawsuit Antonia Castron complained of gender discrimination based on sexist remarks which resulted in a hostile work environment. After she complained to management, she was moved to a new location and two months later she found herself without a job. The lawsuit filed by the EEOC alleges Boeing engaged in retaliation for terminating Castron.

In the second case Renee Wrede twice complained of gender discrimination and remarkably both times Boeing’s own investigators substantiated her complaints. This is the remarkable part of this case. Even though Boeing was able to agree that Wrede was suffering from gender discrimination, Boeing allowed her harassers to influence her layoff evaluations and reduce her scores. It should be no suprise that Wrede was also layed off. Even though Boeing tried to manipute evidence, the EEOC’s investigation proved Boeing manipulated evaluation scores in order to justify the terminations of Wrede and Castron. It is hard to believe corporations still behave like this.

“Covert attempts to mask discriminatory and retaliatory motives, such as Boeing employed, will fool no one.” said EEOC acting attorney Rayford Irvin.

Four former workers of supermarket giant PriceRite filed a lawsuit in federal court claiming they were the victims of sexual harassment. Details of the lawsuit indicate that the store manager was allegedly the one sexually harassing the women. the women include Charlene DeAngelo, Patricia Frasca, Kai Fasset and Rebecca Eastman. They not only allege they were the victims of sexual harassment but also other female customers.
According to allegations in the lawsuit the four women claim Potter attempted to have sexual intercourse with them. He also made nasty comments to them and would often times stare at the breasts and buttocks of female customers.

All of the women complainted to PriceRite's human resources manager but nothing was done to stop the sexual harassment. The women all claims they were subjected to retaliation for reporting the sexual harassment. In an interesting claim, Potter is alleged to have used surveillance cameras to focus on women who were shopping in the store. After we would spot a woman he liked he would brag about what he intended to do with the women.

“One customer found a note on her car, soliciting her to engage in some sort of conduct,” the lawsuit claims.

A lawsuit against Rend Lake College was dismissed by a federal judge because the plaintiff Salah Shakir was not able to provide evidence of unlawful activity by the Illinois community college. Shakir claimed discrimination based on national origin by an administrator who retaliated against Shakir because of his Muslim religion and Iraqi roots. The allegation included trying to ensure he would not be able to head the school.

In order to prevail in a lawsuit alleging nation origin discrimination, one would have to prove that but for the fact of the country of origin, the person would have either gotten a promotion, not been fired, or received a raise. If there are other non-discriminatory reasons why the negative job action or lack of positive job action took place, then the plaintiff will not be able to prove the case and it will most likely be dismissed.

“The board constantly strives to ensure that Rend Lake College is welcome to both employees and students of all backgrounds and cultures,” said the school’s attorney, Julie Bruch.

Continue reading "National Origin Discrimination Lawsuit Against Rend Lake College Dismissed" »

Four former employees of PriceRite supermarket filed a sexual harassment lawsuit alleging store manager David Potter sexually harassed them. Among the allegations in the lawsuit are claims Potter would show his penis, rub and manipulate his groin and grab his penis asking if the women wanted to touch it. If these allegations can be proven, the company will have some serious liability.

Charlene DeAngelo, Patricia Frasca, and Rebecca Eastman, claim they were fired soon after complaining to Potter's superiors. This is considered retaliation because they were allegedly fired after complainint about a protected activity. The fourth woman, Kai Fasset, quit the day after making an off-duty visit to the store with her boyfriend. The details of the alleged encounter are bizarre. Apparently Potter greeted the couple when they entered to shop and said to the boyfriend, that he should be congratulated for having sexual intercourse with Fasset. This should be an interesting case and this blog will keep readers posted on the outcome.

"Potter would routinely declare that he was interested in a quick sexual relationship with her (DeAngelo) and/or other employees," the suit states.

Cathy Monaghan is suing the El Dorado County Water Agency alleging her boss sexually harassed her, and that the affair eventually spiraled into threesomes with her husband. This is a very unique sexual harassment and retaliation lawsuit. According to the lawsuit, William T. Hetland, her boss demanded sexual favors from Monaghan and if she refused she would be fired. Monaghan claims that Hetland that she gave in to the request for sex in part because he would get her drunk. At some point she began feeling guilty about the affair and told her husband, at which point the three of them participated in 'threesomes.

According to the lawsuit, after engaging in four separate threesomes, Monaghan and her husband agreed that she should end the affair but Hetland pressured her to keep having sex. At one point Monaghan told management about the demands for sex and she claims the company engaged in retaliation by firing her rather than address the problem. The stress of all of this made Monaghan continue to drink more and more and eventually led to problems with the law. She was arrested for a DUI and eventually fired from her job. The details of this case are pretty shocking and unique.

"Plaintiff was terminated in retaliation for opposing Hetland's sexual harassment and refusing to participate in sexual encounters. Plaintiff's termination constitutes an adverse employment action," the lawsuit states.

The United States Court of Appeals for the Seventh Circuit ("Seventh Circuit") has breathed some life into Paul Turner. Turner worked as a waiter for The Saloon, Ltd. ("The Saloon"), a Chicago steak-house. While working as a waiter her claims to have been the victim of several forms of employment discrimination including sexual harassment, retaliation, and violation of the Americans with Disabilites Act ("ADA"). According to the lawsuit Turner had a sexual relationship with his supervisor and claims that he ended it and she began to sexually harass him. Turner complained to restaurant management about the sexual harassment and filed a complaint with the Equal Employment Opportunity Commission ("EEOC").

After getting a right to sue letter from the EEOC Turner filed a multi-count employment discrimination lawsuit in the Northern District of Illinois and a Judge in that court dismissed the complaint during a summary judgment hearing. Turner appealed and the Seventh Circuit upheld the district court Judge except on the sexual harassment count. In short, the sexual harassment case will continue.

The details of the sexual harassment claims include, once a customer spilled champagne on Turner's pants, and when he went to the bar area to find towels to dry himself off, Lake, his supervisor and former lover followed him there. She put her hands inside his pockets, grabbed his penis, and said, "You sure are soaked." In another instance Lake pressed her chest against him and asked, "Don't you miss me?" Lake approached Turner from behind and grabbed his buttocks. Lastly Lake saw Turner with his clothes off while he was changing into his work uniform and told him that she missed seeing him naked.

CEO Gregory Moore of Smithfield's Chicken 'n Bar-B-Q chain agreed to pay $449,200 plus $375,780 in attorney fees to settle a sexual harassment lawsuit. This may seem like large amount of money but Moore was ordered to pay $1.15 million to Jason Hallaman after a two-week jury trial. As is common in trials, many times the parties will agree to settle for a lessor amount in return for not appealing the decision. If the decision is appealed, it could take years for the person to get their money and there is always a chance the jury decision will be overturned or the award amount lowered.

According to court testimony in the case the trouble for Moore began when he fired his personal assistant Hallaman. Hallaman claims he was fired for rebuffing sexual advances. This would constitute retaliation. Several former Smithfield's employees testified that they also rejected Moore's sexual advances and were fired. Moore acknowledged at trail that he is bisexual. Moore also insisted that he fired Hallaman for poor job performance and because Hallaman forged a check. The jury didn't buy these claims.

Penny Jackson the former Bauxite school janitor filed a sexual harassment and retaliation lawsuit against her former employer. In the lawsuit Jackson claims that for a period of seven months she was subjected to repeated sexual harassment from the maintenance supervisor Sammy Roberson. According to court documents Jackson was subjected to propositions for sex and sexually explicit comments. Jackson alleges she complained about the sexual harassment and was then the subject of retaliation. Prior to filing her lawsuit Jackson filed a complaint with the Equal Employment Opportunity Commission ("EEOC") who investigated and issued a right to sue letter.

The school has a different story regarding Jacksons claims. The school claims Jackson was a poor worker and that many other employees refused to work with her. They claim they did not renew her contract because of her work performance not because they were retaliating against her. Both sides claim they have witnesses that will prove their respective cases. It should be an interesting trial if it ever gets to that point. Many cases settle and I am sure this one will settle at some point. The school should think about how much money they will spend in legal fees. On a positive note for the school district, the EEOC did not file the charge themselves and only issued a right to sue letter which it must do in all cases if it does not complete a full investigation or file the federal lawsuit itself.

“As a direct result of Jackson’s complaining to her superiors and officers of the defendent, she was disciplined and her employment contract was not renewed,”

Sandra Brewer filed a sexual harassment and retaliation lawsuit against her former employer the College of the Mainland. According to the lawsuit Brewer was terminated from the college because she complained about sexual harassment which would constitute her retaliation claim. The issues for Brewer started back in 2006 when she alleges that for a period of two years Al Bass her boss and a college associate vice presidnet began to sexually harass her.

According to allegations in the lawsuit on a daily bases Bass would persistently make sexual advances and remarks toward Brewer. Although Brewer claims most the the time Bass would make sure the two of them were alone before he began his sexual advances, Brewer also claims a few times there were witnesses present. Brewer claims she told Bass many times to stop his bevahior but he refused.

"The reason for the termination was pretextual and simply a ruse designed to hide the illegal conduct," according to the lawsuit.

Continue reading "College of the Mainland Sued For Sexual Harassment" »

United Companies will pay $498,000 to settle a gender discrimination and retaliation lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female worker who court documents did not name. According to details in the lawsuit the woman has been working for the company since 1998 and held a variety of jobs before the company assigned her to work as a quality control technician. According to documents in the lawsuit once in that position the gender discrimination against her became overt and interfered with her ability to work.

In a big help for the female worker several male co-workers saw and overheard the gender discrimination and degrading treatment and backed her up when she complained to management. The female did complain about the gender discrimination to management and the men did back her up. Even the men thought they would be the subject of retaliation for supporting the female worker in her harassment claim. The company ended up terminated the female and two of her male supported but not before the department manager called the men troublemakers and told them they better shut up.

“Employers have a responsibility to maintain an environment free of sex discrimination and retaliation,” said EEOC Regional Attorney Mary Jo O’Neill. “Here, the managers themselves committed both those offenses.

Continue reading "United Companies Pays $498,000 To Settle Gender Discrimination and Retaliation Lawsuit" »

Decatur Chief Financial Officer Gail Busbey filed a sexual harassment against the city alleging Mayor Don Stanford made inappropriate comments and unwanted physical contact with her. Busbey is also alleging retaliation because she alleges Stanford attempted to terminate her employment after she filed a complaint about Stanford with the director of personnel Ken Smith.

Busbey settled the sexual harassment lawsuit for $93,000 and agreed to retire as part of the settlement. However, a member of the city council made statements about Busbey and now she is suing seeking over one million in damages for false light and breach of the agreement. In sexual harassment cases there is usually a confidentiality clause and also a clause about not speaking negatively about either party. You can see the problems that occur when one party talks about the other party.

“You hear rumors, but I feel like if it was something that was relevant that I needed to know about, someone would have presented it to me,” Hammon said.

Continue reading "Chief Financial Officer Gail Busbey Settles Sexual Harassment Lawsuit For $93,000" »

A young 17 year old female farm worker filed a sexual harassment and retaliation lawsuit against her employer Giumarra Vineyards Corp. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the young victim claiming a non-management worker made daily unwanted sexual advances to the alleged victim. According to the lawsuit, another employer made management aware of what was going on and management failed to stop it. The sexual harassment continued until the young woman and three others complainted directly to management but were terminated 24 hours later.

According to the lawsuit the company tolerated the alleged sexual harassment and thus created a hostile work environment. The company also engaged in retaliation by firing the workers once they complained of being sexually harassed. Some older workers will try to take advantage of younger workers and even think they can get away with sexually harassing them. In this case if the allegations are true the company did not do what it should have.

"Giumarra Vineyards denies the allegations in the complaint filed by the EEOC and will vigorously defend itself against all of the allegations. When this matter is concluded we are confident that our position will be affirmed." said a Guimarra Vineyards release

The following federal case, 3:07-CV-410-H, illustrates how difficult it can be to prevail in a case of sexual harassment or constructive discharge. Shironda McCloud filed a claim against the United States Postal Service ("USPS") alleging sexual harassment and constructive discharge. Constructive discharge occurs when an employee quits their job but claims they had to quit because the working conditions were so unbearable that a reasonable person would not continue to work in those conditions. Constructive discharge differs from retaliation in that, the employee quits in a constructive discharge case whereas an employee is fired in a retaliation case--or the employee may be the subject of some other negative job action.

The allegations in the complaint were that McCloud began working for the USPS and her immediate supervior, Mr. Purifoy did the following over the course of two days: stared at Plaintiff; made comments that Plaintiff was beautiful; danced around Plaintiff in an awkward manner; told Plaintiff, "I'll give you Friday off if you go out to the club with me;" gave Plaintiff Thursday and Friday off and grabbed Plaintiff's wrist when she reached for her time card. The complaint was based on those six incidents over a two day period.

McCloud told management about what happened, they investigated and removed Purifoy from managing her. Over the next two months McCloud claims to have seen Purifoy at work a few times but that he never spoke to her and that he had no work control over her--yet she quit her job claiming she could not even look at him without feeling wierd. The court found that this did not rise to the level of constructive discharge.

Continue reading "United States Post Offices Has Sexual Harassment Lawsuit Dismissed" »

UPS Freight agreed to pay $46,000 to settle a religious discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a Rastafarian. This is a very unique set of circumstances because the religion is one not considered mainstream. According to the lawsuit UPS refused to accommodate the Rastafarian religious beliefs of Nieland Bynoe. As long as the religious beliefs are sincere and a reasonable accomodation is available, the company must make the accomodation or risk liability under Title VII of the Civil Rights Act of 1964. An example of a reasonable accomodation is if a religion does not allow its members to work on a certain day, say Sunday and giving Sunday off to an employee did not create a hardship for the employer, the employer must give the worker Sunday off.

In this case instead of making the reasonable accomondation UPS fired him. During new hire orientation as a driver for UPS management told Bynoe he had to shave his beard and cut his hair in accordance with the company’s grooming policy. Bynoe replied that his religious beliefs prohibit him from cutting his hair or shaving his beard. Bynoe again advised the human resources manager about his religious beliefs and asked for a reasonable accommodation on the following day but UPS fired him. This is also a form of retaliation because Bynoe asked not to be discriminated against and he was fired.

“Our freedom to practice our religious beliefs is a fundamental right in this country,” said Acting Regional Attorney Debra Lawrence of the EEOC

Peter's Diner and its owner Angelo Giannkaris will pay a total of $27,500 to settle a sexual harassment and retaliation lawsuit with waitress Lynnann Zuest. It is alleged that Giannkaris sexually harassed Zuest and later fired her in retaliation for reporting it. According to the complaint Zuest was fired after approaching a fellow waitress and reporting that Giannkaris had inappropriately touched her by placing his hands on her hips.

Giannkaris disputed that he fired Zuest for reporting sexual harassment and instead said she was terminated for poor job performance. Giannkaris said Zuest dropped many trays and plates in support of his reason for her dismissal. However during further investigation there was evidence to support Zuest’s allegations and undermine the reasons Giannkaris gave for the firing. Also Peter’s had no policy in place regarding sexual harassment or the filing of workplace harassment complaints. Companies must have sexual harassment and discrimination policies in place so workers no where to go when they encounter workplace discrimination and harassment.

Richard Knight a male hotel worker for the Columbia Sussex Corporation, settled his gender discrimination and retaliation lawsuit filed on his behalf by the Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit, Knight who was a manager claimed that Columbia Sussex fired him from its Sheraton Hotel because he was a male, and because he complained that a female co-worker was not disciplined for the same purported infraction--which is retaliation.

Details in the lawsuit claim the companies general manager demanded that Knight go into his office without the presence of a human resource representative, but did not force Knight’s female co-worker to proceed without a representative-when they both had the same infractions. When Knight asked the general manager whether he was granting privileges to the female manager that he would not grant to Knight, the general manager replied that he could do whatever he wanted and then he immediately terminated Knight. For the exact same infraction the female manager was not disciplined. As part of the settlement Knight will be returned to his position and receive back pay.

Knight commented on the settlement, “I am very grateful that the EEOC brought this case on my behalf. I love the hotel industry. My main goal was always to get my job back. I am excited to get back to work with Columbia Sussex in my chosen field.”

Continue reading "Male Hotel Worker Settles Gender Discrimination and Retaliation Lawsuit" »

Anthony Kerr, a Muslim settled his retaliation and religious discrimination lawsuit against New Community Corporation for $25,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Kerr. According to detail of the lawsuit, New Community Corporation would not grant Kerr a reasonable accommodation when he requested that he be excused from a requirement that employees donate money to a Catholic school. His employer requested the donations because they are part of a Catholic parish. However Kerr's religious beliefs as a Muslim are different than the school’s religious mission which is based on the Catholic religion.

Based on court documents after Kerr refused to give a donation and complained that the demand for a donation conflicted with his religious beliefs, New Community Corporation removed him from its work schedule, which is retaliation. Retaliation occurs when you complain of discriminatory conduct and you receive negative treatment as a result of the complaint. Kerr ultimately filed a complaint with the EEOC and the corporation retaliated against him when he did file with the EEOC by firing him and then filing an improper complaint about him with his full-time employer alleging that he had engaged in misconduct at New Community Corporation.

“The EEOC will vigorously enforce the law to end such discriminatory practices. An employer, even one that engages in charitable work, cannot subject an employee to religious discrimination or retaliation.” said EEOC Attorney Louis Graziano

Continue reading "Retaliation and Religious Discrimination Lawsuit Settled For $25,000" »

Gail Wilcox who is the former Assistant County Administrator and she agreed to settle her sexual harassment lawsuit with her former employer for $180,000. The county claims that defending the county by going to trial would potentially cost more than $1 million. To date, the county has spent $337,000 on the case. That seems to be a very high amount and I wonder what the initial settlement demand was for.

Wilcox filed her lawsuit against county supervisors and former boss, David Edge, claiming she was a victim of sexual harassment, retaliation, a hostile work environment and breach of contract. Wilcox and Edge were placed on paid administrative leave pending an investigation. At the end of the investigation Edge was fired and the county hired an out-of-town attorney to investigate Wilcox. Following that investigation, the board fired Wilcox a mistake that cost over $500,000 when you include the attorney fees and settlement amount.

Margaret Gibson settled her pregnancy discrimination lawsuit with U.S. Security Associates for $79,880. The lawsuit was filed on Gibson's behalf by the Equal Employment Opportunity Commission ("EEOC"), which is charged with protecting the rights of employee who are the victims of discrimination in the workplace. According to court documents U.S. Security Associates subjected Gibson who was a security guard to pregnancy discrimination and then fired her in retaliation for complaining about the discrimination. In a remarkable series of events, U.S. Security Associates also fired her husband as part of the retaliation.

Details of the discrimination and civil rights violations were that Gibson was subjected to unwarranted discipline, sexist comments and mistreatment after she told her manager about the pregnancy. Allegedly, Gibson’s manager said a pregnant woman should be at home, not at work, and that Gibson’s focus should be on her children. These types of comments are from the dark ages and have place in the modern work place. In another shocking comment the manager also complained about Gibson’s pregnant appearance in the guard uniform.

Most cases of retaliation are proved with circumstantial evidence. In this case Gibson’s was fired the same day she turned in her paperwork for maternity leave. That is awful coincidental to be a coincidence. According to court documents U.S. Security Associates terminated her husband when he failed to stop his wife from filing a discrimination charge with the EEOC.

“The EEOC is dedicated to ensuring that employers treat all employees equally, regardless of gender, pregnancy status or association,” said Robert Dawkins, regional attorney for the Atlanta District Office.

The city of San Leandro settled 4 for their 7 sexual harassment disputes for $405,000. According to the settlement documents three former San Leandro police officers and a department clerk will receive a total of $405,000. Former Officers Taiwo Pena-Hornung, Christina Tiletile and Kamilah Jackson, and records clerk Amanda Kerr sued the city claiming they were sexually harassed, discriminated against for their gender and national origin, and retaliation.

The trouble isn't over for the city as three female officers still employed also have active lawsuits and their cases are set for trial in October. According to court documents the settlement breaks down as follows. Tiletile was awarded $295,000. Pena-Hornung $50,000, Kerr $35,000 and Jackson $25,000. Sgt. J. DeWayne Stancill was accused of sexual harassment and of creating a hostile work environment in the cases.

Hotel magnate Kenneth Seaton is being sued for sexual harassment by two employees who seek millions of dollars in compensation. In a related bit of news, Seaton faces criminal charges over the alleged sexual battery of five women last fall at his business. The lawsuit was filed by two housekeepers, Samantha Fiedorowicz and Candice Michelle. According to allegations in the lawsuit, both women were required to attend an afternoon meeting in which Seaton was intoxicated and tried to kiss and grope the women including touching their buttocks and breasts.

The lawsuit also alleges unwelcome sexually offensive remarks and conduct, including lewd and inappropriate comments, requests for sex and fondling. Both women claim retaliation as they were terminated when they refused and resisted Seatons sexual harassment and offers for sex. The lawsuit seeks over $ 2 million in damages. Many times sexual harassment claims also involve claims of retaliation as the harassor will discipline or fire the employees for not cooperating with the request for sex.

"You would be surprised what Viagra can do for an old man," the lawsuit, filed in Sevier County Circuit Court, quotes Seaton as telling the two plaintiffs in the action. "If you cooperate," the quote goes on, "you won't need a husband."

Eagle Wings Industries, Inc. pays $428,500 to a class of female employees to settle their sexual harassment and Americans With Disabilities Act ("ADA") lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the female workers. According to the lawsuit the female employees were subjected to sexual harassment and retaliation for complaining about the sexual harassment. One female was also discriminated against by the company when it required her to undergo an unlawful medical examination, a clear violation of the ADA.

I see more cases like this in Illinois and this type of behavior still seems to be taking place in the workplace. It is very important for females to come forward when they encounter this type of sexual harassment and discrimination and contact an attorney. Many companies would rather sweep the issue under the rug once an employee comes forward and engage in retaliation rather than take the sexual harassment complaint seriously. As you can see from this case, it is a costly mistake for the company.

Continue reading "Eagle Wings Industries Pays $428,500 To Settle Sexual Harassment Lawsuit" »

Hightstown adult novelties company must pay $500,000 to Doreen Longa a former employee who was fired after complaining of sexual harassment. According to the lawsuit the adult company did not investigate the sexual harassment charges Longa lodged against a co-worker, and Longo was terminated when she complained that she was being retaliated against.

Longo filed a lawsuit based on sexual harassment, retaliation and a hostile work environment after being terminated. In the lawsuit Longo said her bosses ignored her repeated complaints of sexual harassment by a a co-worker and that he even threatened her with violence. Longo filed a formal complaint with managment and was immediately disciplined for poor work performance. Longa was terminated two months later after complaining about the retaliation that was taking place at work. Longa claims her boss told her the reason for the termination was her complaints about sexual harassment.

"The president of the company yelled and screamed at her and disciplined her for the first time in the four years she’d worked there. He accused her of saying bad things about the company.”

Carol Melnick filed a lawsuit against the Monmouth County board in 2005 claiming discrimination based on gender, retaliation, hostile work environment and sexual harassment. The case was settled in 2007 for $470,000 but the details were sealed. In the latest development in the case the New Jersey's Supreme Court ruled the terms should be made public and thus the details were released.

Melnick remains employed by the county despite her award on the sexual harassment lawsuit. When you get a settlement for almost half a million dollars from a public entity, there must be good facts supporting the allegations. Both parties should keep in mind that when a settlement is reached involving a pubilc entity, the terms of the settlement will probably come out and not remain private. Unlike a private company, the public has a right to know how their money is being spent.

Former Metro Schools Payroll Coordinator Vicky Crawford was awarded about $1.5 million on her claims she was wrongfully terminated when she cooperated in a sexual harassment investigation of a school official. This is also known as retaliation. Crawford, who had over 30 years service with the school disctrict claimed she was fired because she cooperated in the investigation. Her lawsuit was initially dismissed by a federal judge and upheld on appeal. Last January, the U.S. Supreme Court ruled in Crawford v. Metro Schools, that Crawford could sue claiming retaliation even though she was not the one who brought the original sexual harassment claims. This was a landmark case and should help employees who have been fired for cooperating with sexual harassment investigations.

The problems for Crawford began when there was an investigation into sexual harassment claims against Employee Relations Director Gene Hughes. Crawford told investigators Hughes would ask to see her breasts, grab his crotch saying, "You know what's up," and on one occasion pulled her head to his crotch. Human resources officer Veronica Frazier assured Crawford she would be protected from retaliation if she came forward and helped with the investigation. In the end no action was taken against Hughes however on the same day Frazier turned in her report on the allegations, she also sent a letter to Metro Nashville's internal audit department informing them of concerns with the operation of Crawford's payroll department. Crawford was then fired.

"It's been a long, long fight. It's been very hard all these years, and we're very happy with the verdict," said Ann Steiner, Crawford's attorney.

Eightenn former prison guards settled a sexual harassment lawsuit for $2.5 Million. The female prison guards allege they were subjected to sexually demeaning remarks in front of inmates which violated security and put their lives at risk. One female guard alleged a male guard suggested an inmate should have sex with her in an area of the prison not covered by security cameras. Other allegations are that the male guards would use the walkie-talkie system in a jamming fashion to prevent the female guards from asking for help.

It was further alleged that high ups in the prison system were trying to recruit the prison guards as prostitutes. This type of behavior by public officials is outragous and cannot be tolerated. In cases like this the females must come forward and fight for their rights. Employment cases involving sexual harassment and retaliation can be difficult to prove and it helps to have an experienced attorney involved early in the process.

“We had names and dates and places. Some women were asked to join in prostitution rings that were run by lieutenants, and that was substantiated because [one] lieutenant’s partner was arrested for running a prostitution ring,” by Hartford police, attorney Ponvert said.

Three Hispanic Emergency Medical Services ("EMS") females settle their sexual harassment lawsuit with West New York for $142,000. In a typical move, the town denies any wrongdoing as part of the settlement. In the present economic environment $142,000 is a good deal of money and I think the settlement speaks volumes about what really happened. Documents filed in court claim the five women allege their supervisor, Edward Monti, the former director of the ambulance service, sexually harassed them. They claim the sexual harassment consisted of sexual gestures, words, conduct, and behavior.

The females also claim they reported the conduct of Monti and the town took no action. Instead of an investigation and the sexual harassment to cease, the women claim Monti reduced their work hours in retaliation for complaining about his behavior. Monti is no longer in the position he once held and is instead the town's director of school crossing guards. So lets recap. The town pays $142,000 claiming it would cost more money to continue the litigation, while denying any liability and moving Monti to a new position where he supervises school crossing guards. Sounds like the town realized it had a problem and is quickly trying to end the problem.

"It ultimately comes down to dollars," said town attorney Daniel Horgan, who said by the time the case were to have made it to discovery, the town would have spent more than the cost to settle."

Continue reading "EMS Workers Settle Sexual Harassment Lawsuit For $142,000" »

Sims Chevrolet pays $85,000 settling a racial discrimination and retalia­tion lawsuit brought by five former employees. The lawsuit was filed by the Equal Employ­ment Opportunity Commission ("EEOC") on behalf of the former employee. The allegations include that beginning in July 2007, Sims Chevrolet subjected a class of African Americans to different terms and conditions of employment on the basis of their race. Additionally this created a hostile work environment.

According to papers filed in the lawsuit the racial discrimination included racial epithets, such as repeated use of the N-word. Management also made decisions based upon the race of the employee and at one point the company engaged in retaliation against one employee after he complained about the racial discrimination.

EEOC Acting Regional Attorney Debra M. Lawrence of the Philadelphia District Office, which oversees parts of Ohio, said, “This case of discrimination could have been avoided if the employer had followed Title VII requirements."

Bill Heard Chevrolet Corp. will pay $110,000 to settle a sexual harassment lawsuit. According to court documents the Equal Employment Opportunity Commission ("EEOC") alleged management and workers made crude remarks about women's bodies, grabbed at one female employees breasts, persistently solicited females for sexual favors and sexually assaulted at least one female employee. When the women cmplained to management in an effort to stop the sexual harassment, the females were either demoted, disciplined or fired--all forms of retaliation.

The lawsuit also alleges that management told some female employees that women should not be in the auto business. This type of behavior is not acceptable and the females stood up for themselves and made management pay. It is very important to document behavior like this and to contact an employment attorney who can file a complaint on your behalf with either the EEOC or in Illinois, the Illinois Department of Human Rights ("IDHR"). The IDHR will cross-file with the EEOC but by law only one agency will take the lead in investigating the complaint.

“The women in this case sought to earn a living selling cars and rightfully expected to do so while being treated with dignity and respect,” said Anna Park, regional attorney for the EEOC.”

Continue reading "Chevrolet Car Dealer Settles Sexual Harassment Lawsuit With EEOC For $110,000" »

The Equal Employment Opportunity Commission ("EEOC") settled a retaliation lawsuit with Rock Concrete Construc­tion Corporation for $31,000. In addition Rock Concrete Construction will also provide workers with discrimination training and allow employees access to a company hotline for reporting work place discrimination. The basis of the lawsuit was the company stopped providing work to Eric Bufkin who filed a charge of discrimination with the EEOC.

Details of the lawsuit include Eric Bufkin’s filing a charge of discrimination against a company that Rock Concrete Construction did a good deal of work with. When Rock Concrete Construction found out, they asked Bufkin to drop his charge and told him that if he did not it would impact him in a negative way. Bufkin refused to drop the charge of discrimination he filed with the EEOC and Rock Concrete stopping providing work for him. What Rock Concrete Construction engage in was retaliation. Retaliation occurs when a company threatens you with a negative job action if you file a charge of discrimination or if you won't submit to their demands and drop a charge of discrimination.

“Employers are simply not entitled to punish employees for complaining about discrim­ination,” said Laurie A. Young, regional attorney for the EEOC’s Indianapolis District Office.

Continue reading "EEOC Settles Retaliation Lawsuit With Rock Concrete Construction For $31,000" »

The city of Atherton will pay $230,000 to settle a sexual harassment lawsuit filed by a former police officer. According to court documents former Atherton police Officer Pilar Ortiz-Buckley alleged Public Works Supervisor Troy Henderson of making salacious remarks and grabbing her in the police break room. Ortiz-Buckley suffered back injuries during the alleged incident, which prevented her from wearing her police duty belt and made it impossible for her to do her job.

After Ortiz-Buckley filed an internal complaint with the town, administrators did almost nothing to discipline Henderson and in fact blamed the policewoman for the incident. This is a form or retaliation and happens very often in cases like this. Ortiz-Buckley later pressed charges and received a restraining order against Henderson. In the restraining order Ortiz-Buckley claimed Henderson had done this many times and was in fact a serial sexual harassor. Henderson denies all of the allegations.

"This is a significant amount of money, but litigation costs are very high," City Attorney Wynne Furth said. "It does not mean that the town agrees with Ms. Ortiz's claim. ... Atherton is a small town with a small budget."

Continue reading "City Pays $230,000 To Settle Sexual Harassment Case" »

Five former employees of Bell Road Kia and Bell Road Automall will receive $500,000 to settle their sexual harassment, hostile work environment and retaliation lawsuit against the car dealership. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the former employees and according to the lawsuit the hostile work environment included such disgusting comments as the females being called whores and cunts. The allegations in the lawsuit also say there was widespead use of computers to view pornography and one manager even masterbated while watching pornography and sitting behind a female employee.

According to the lawsuit an openly hostile work environment existed and the dealerships failed to take appropriate corrective action against the known harassers and instead retaliated against female employees who reported the sexual harassment. As a result of complaining to management about sexual harassment all five employees were demoted, terminated, or constructively discharged. This is referred to as retaliation and it violates federal law under Title VII of the Civil Rights Act of 1964.

Former employee Julie Blakley said, “We were repeatedly subjected to degrading harassment and the managers made it known to us that they did not take our complaints seriously. Our exposure to abuse was prolonged by the fact that employees did not receive adequate training on preventing sexual harassment or on the process for filing complaints.”

Continue reading "Car Dealer Settles Sexual Harassment Lawsuit For $500,000" »

Schiemer Farms agreed to pay $14,500 to settle a sexual harassment and retaliation alwsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Theresa Arias and Rebecca Jones. The two women alleged in their lawsuit that management at the farm permitted their sexual harassment by Mark Henry an employee, and then engaged in retaliation when they complained.

According to the sexual harassment lawsuit Henry made vulgar remarks and talked about his sex life including very vivid and graphic details. Henry is also alleged to have rubbed his groin against one of the women. The women were originally seeking over $100,000 each in damages but the amount was lowered once the case was filed and it looked like it would come down to a he said, she said situation. In cases like this where there may not be many witnesses and it is one persons word against another, the settlement amounts are usually lower.

“I feel like I’ve been dragged through the mud,” Farm owner Schiemer said.

Thomas Dodge Subaru will pay $132,250 to settle a sexual harassment lawsuit involving two female employees. The Equal Employment Opportunity Commission ("EEOC") filed the lawsuit on behalf of the two former employees who allege that Thomas Dodge Subaru subjected them to pornography, offensive touching, degrading behavior and sexually explicit comments.

According to the lawsuit the two female employees were forced to resign which cost them their only source of income. The severity of the sexual harassment was the cause of their resignation. Additionally the lawsuit claims another woman was retaliated against by being fired after complaining about the sexual harassment. The company failed to take appropriate action to stop the sexual harassment and engaged in retaliation.

"No employer should allow such degrading and shameful conditions for women in the workplace," said Spencer H. Lewis, Jr., district director of the EEOC's New York District Office.

Continue reading "Thomas Dodge Subaru Pays $132,500 To Settle Sexual Harassment Lawsuit" »

Jessica Shell a Monroe County nurse is suing her former employer, Sweetwater Hospital for $1 million after she was allegedly sexually harrassed. Shell worked at Sweetwater Hospital in 2007 and according to her lawsuit more than one male co-worker made sexual advances and comments toward her. She is also alleging the CEO of the Sweetwater Hospital Association Scott Bowman sexually harassed her.

Shell alleges she complained of the sexual harassment to the hospital but they failed to stop the sexual harrassment. Shell also alleges she was fired after reporting the accusations which is retaliation. This case is shaping up to be a very explosive case with allegations involving the CEO. I believe that due to the current job market, many executives believe they can behave in any fashion they choose and the employee has to take it or leave.

Pat Gansen the 57 year-old Mason City animal control officer settled her age discrimination lawsuit against the city for $64,000. The lawsuit alleged the city allowed discrimination based on gender and age. Gansen also accused the city managers of retaliation when she complained about discrimination when they didn't promote her.

Age and gender discrimination are illegal and a violation of the Civil Rights Act of 1964. As part of the settlement both parties agreed there is not an admission of liability on the part of the city. Even though the city asked for this language in the agreement as do most defendants, the fact that they paid $64,000 speaks for itself. As the job market gets tighter and more employees are getting squeezed by their employers, many different types of discrimination are coming to the surface. It is important to discuss employment issues with an attorney as soon as possible to protect your rights.

Tepanyaki a Japanese restaurant will pay $30,000 to settle a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Alison Woodbury. According to the lawsuit Tepanyaki discriminated against Woodbury by firing her because she was pregnant. According to court records, Woodbury was hired as a server and during her initial training Tepanyaki learned she was pregnant and terminated her, which is retaliation.

It is illegal under Title VII of the Civil Rights Act of 1964 to discrimination against a pregnant person. Many times companies will try to make up reasons to fire a worker once she becomes pregnant and it is important for the worker to protect her rights.

"Under federal law, employers must permit pregnant employees to work as long as they are able to perform their jobs," said EEOC Regional Attorney Mary Jo O'Neill. "All workers, including pregnant employees, deserve fairness in the workplace. Women should not lose employment opportunities because of pregnancy."

A national movie theater chain,Regal Entertainment Group, will pay $175,000 to settle a sexual harassment lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") which alleged the company subjected a male employee to sexual harassment by a female co-worker. The lawsuit also alleged the company engaged in retaliation when he complained about the sexual harassment. The EEOC also alleged that as a result of the conduct a hostile work environment existed.

In its lawsuit it was alleged a female co-worker repeatedly grabbed a male workers crotch. The male employee asked the female to stop and when she would not he reported the sexual harassment to his direct supervisor. The direct supervisor then notified the general manager, and she failed to take action and the sexual harassment continued. Additionally the general manager retaliated against the male employee and two other supervisory employees who witnessed the sexual harassment. The retaliation took the form of unfair performance evaluations which were lower than they should have been, unwarranted discipline, and a level of scrutiny of daily job performance that was not warranted.

Continue reading "More Than Popcorn At This Movie Theatre" »

Tracy Barker claimed she was raped in 2005 while working in Iraq for KBR inc. a former Halliburton Co. subsidiary. Barker claimed a former state department employee worked for KBR in Basra and sexual assaulted her, resulting in her rape. Barker was housed in mostly male barracks and consistently subjected to physical threats of sexual abuse and sexually explicit comments. Barker made a claim of sexual harassment against KBR inc. and the rapist personally.

Barker alleged other employees along with her complained to the companies but they did nothing and instead engaged in retaliation. She was awarded nearly $3 million by an arbitrator to settle her case. A federal judge in Houston had dismissed Barker's lawsuit in January 2008, because when she signed her employment contract she agreed that any dispute would be settled by arbitration. Looks like even with arbitration the company wasn't able to weasel their way out of paying a fair amount and giving Barker the justice she deserves.

"It took me a long time to get here. I'm happy about the award," Barker, 38, who lives in Yuma, Arizona.

Kristi Mitchell and Veronica Cobb both worders for State Farm insurance agent Obie Sorrell filed a lawsuit against him and the parent company alleging sexual harassment. The two women also are claiming a hostile work environment. Mitchell is the office office manager with over 7 years with the company while Cobb was hired as a customer service manager in May. State Farm in headquartered in Bloomington Illinois. With offices in Peoria and Chicago I see many cases like this were the boss creates a hostile work environment and the corporate office only cases about how it may affect them.

According to the lawsuit Sorrell repeatedly made vile comments to both women and called Cobb a "prostitute" and a "whore". Allegedly he said she was sleeping with policyholders. The lawsuit alleges that Sorrell would put his hands on both women even though they asked him to stop. Mitchell and Cobb complained to two State Farm officials, about Sorrell's alleged behavior, but nothing was done and the sexual harassment continued. The two women claim at one point State Farm executives apologized to them but were only interested in if the women were going to file a lawsuit.

When Cobb asked Sorrell not to call her a prostitute, according to the complaint, Sorrell replied, "This is my shop. My name is on the sign and if you don't like it you can get out."

Comments like that are a form of retaliation in Illinois. If a boss or management threatens a negative job action because you are trying to complain about sexual harassment or otherwise stop the sexual harassment you can file a claim with the Illinois Department of Human Rights.

In a recent case, Seybert v. International Group Inc, email was used by the defense to show that the plaintiff in a sexual harassment and retaliation lawsuit would not have been as offended by the conduct of the defendant as she claims. The jury said, plaintiff Susan Seybert was not sexually harassed by her supervisor, Brett Marchand, and there was no retaliation aginst Seybert once she complained to management.

What happend in this case is the defense utilized emails of a sexual nature that Seybert sent to other individuals which showed things of a sexual nature did not offend her. According to the lawsuit, the emails used sexual words, metaphors, puns and other innuendo to amuse, entertain and convey various humorous messages. In lawsuits involving sexual harassment a plaintiff must satisfy both an objective and a subjective test when alleging a hostile work environment. It is very important to utilize your company email for business only and to be aware that the company can get into your computer and retreive even deleted emails.

At trial the defense used a e-mail which showed a photo of a naked man in a Santa hat, lying on his belly, with a caption that told the recipient to turn him over to get at the "present."

Continue reading "Your Email History May Hurt Your Sexual Harassment Case" »

The Equal Employment Opportunity Commission ("EEOC") and legendary restaurant Tavern on the Green settled a sexual harassment lawsuit for $2.2 million. According to the lawsuit there were claims of sexual harassment, a hostile work environment and retaliation. The alleged sexual harassment included groping female staff members, demands for sex and sexual favors and the regular use of graphic sexual comments.

As is typical in these types of settlements the Tavern on the Green denied any wrongdoing as part of the settlement. The managers accused of engaging in severe and pervasive sexual harassment, and retaliation are not longer working for the restaurant. Most of the sexual harassment came from one long-time manager who has since left the restaurant. You can see how expensive the conduct of one manager can be to a business.

A national movie theater chain, Regal Entertainment Group agreed to pay $175,000 to settle a sexual harassment lawsuit. The lawsuit was brought by the Equal Employment Opportunity Commission ("EEOC") on behalf of a male worker who was being sexually harassed by a female co-worker. According to the lawsuit the company subjected a male employee to sexual harassment by a female co-worker and then retaliated against him for complaining about the unlawful conduct – along with two supervisors who tried to help.

According to the lawsuit a female co-worker who repeatedly grabbed his crotch. The male reported this conduct to his direct supervisor who complained to the theater’s then-general manager, but she failed to take adequate steps to stop or prevent the harassment. Instead, the general manager engaged in retaliation against the harassed employee and two other supervisory employees (male and female), who are part of the EEOC’s lawsuit. In Illinois retaliation includesd discipline, lower performance evaluations or other adverse job actions that are not warrented.

Lisa Drozdowski claimed that she had to wear adult diapers at her job at Danella Construction Corp. because it would not provide portable toilets and recently she was awarded $150,000 in a gender-discrimination lawsuit brought on her behalf by the Equal Employment Opportunity Commission ("EEOC"). The men at the construction sites would just go to the bathroom in holes but Drozdowski had to walk a great distance to use a restroom. When Drozdowski complainted to management she suffered retaliation when the company stopped giving her work.

Four other female employees of Danella Construction Corp., also claimed that they were discriminated against because of gender, split an additional $50,000. According to the complaint other female flaggers who were present would shield each other from passing cars and co-workers with blankets while they went to the bathroom on the side of the road. The additional problem facing Drozdowski was that she was the only woman on a job and could not go to the bathroom and ended up urinating on herself. Rather than continue to urinate on herself she started to wear adult diapers to work each day.

"It was humiliating, but I needed the job." said Drozdowsky.

Drozdowsky is a single mother with three children.

Continue reading "Female Construction Worker Gets $150,000 For Being Forced To Wear Diapers" »

Tim Dahle Nissan settled a lawsuit for sexual harassment and retaliation by paying $455,000 and other substantial remedial relief. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC)" on behalf of five female employees who allegedly were subjected to unwelcome sexual comments and conduct. According to the lawsuit some of the conduct included many requests for sexual favors and sexually explicit language. According to the women many of the salesmen and sales managers took part in the sexual harassment over a period of several years.

An additional charge in the complaint was that Tim Dahle Nissan engaged in retaliation against one woman by firing her because she complained about the sexual harassment. In Illinois as in other states it is a violation of state law and federal law to fire an employee or take other adverse employment action if the employee complains about sexual harassment. Many times an employer doesn't want to deal with a complaint and finds it easier to fire the employee.

“Sexual harassment is always unacceptable, and it is especially disturbing when the harassers are mistreating a teenager in the workplace, as was the case here,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC takes its mission to eradicate this misconduct very seriously.”

Continue reading "Nissan Car Dealership Pays $455,000 To Settle Sexual Harassment and Retaliation Lawsuit" »

Kathy Rogers and Lisa Theberge who are two female firefighters filed a lawsuit against Westbrook's fire department, mayor and city administrator, claiming they failed to address sexual harassment that was documented in complaints to the Maine Human Rights Commission ("MHRC"). The MHRC is similar to the Illinois Department of Human Rights ("IDHR") and is where I file most of my sexual harassment complaints. Both women are on paid administrative leave and are alleging obscene sexual harassment and discriminatory behavior in their lawsuit.

According to the allegations in the lawsuit several male firefighters, including the deputy chief, lieutenants and captains, engaged in incidents ranging from masturbation and pornography at the station to a sexual affair and sex at a fire department gathering. In one particular instance it is alleged that the deputy chief once approached Theberge and began stroking her hair. He was put on unpaid administrative leave for two weeks and, the lawsuit says, ''allowed to take it a day each week for his convenience.'' Some male firefighters groped female victims in the rescue vehicle and bragged about it afterwards. They were put on unpaid administrative leave for two weeks, discipline that Webber, one of the attorney's for the two firefighters called ''disproportionate to their conduct.''

''Sexual harassment is alive and well in the city of Westbrook at a level that's shocking to imagine,'' Webber said.

Continue reading "Firefighters File Sexual Harassment Lawsuit" »

A sexual harassment and retaliation case filed by a former security officer at a jewerly store was settled for $405,000. The security guard claimed he was sexually harassed and terminated after reporting the harassment to management in violation of federal employment law. The security guard alleged that during his employment as a security officer he was subjected to various acts of sexual harassment, including unwanted sexual attention and sexual propositions from a female senior manager, numerous instances of inappropriate and unwanted physical contact, and inappropriate and offensive comments.

According to the lawsuit the security guard reported the sexual harassment to senior management in accordance with company policy and, after doing so, he was terminated by the harasser as an act of retaliation. After filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") the case was resolved through a negotiated settlement for $405,000.

According to court papers filed by the Equal Employment Opportunity Commission ("EEOC"), Hobby Lobby prohibited Julie Tufts, an employee in its Rochester, Minn.-based store, to use her wheelchair when performing her job and failed to accommodate her inability to climb ladders. This is a violation of the Americans With Disabilities Act ("ADA") and as a result, Hobby Lobby agreed to pay Tufts $35,000 plus other relief to settle her discrimination claim. The ADA portion of her claim was that Tufts was unable to continue to work at Hobby Lobby due to the alleged discrimination and was discharged because she could not come back to work without use of the wheelchair.

Along with paying $35,000 Hobby Lobby signed an injunction against discrimination and retaliation. Retaliation takes place when an employee is singled out because of filing a claim of discrimination or asking for a reasonable accomodation. In this case asking for a reasonable accomodation because of Tufts requirement to be in a wheel chair. As part of the settlement Hobby Lobby must revise its internal policies to clarify that persons with temporary impairments may be considered as persons with disabilities. Hobby Lobby must also conduct employee training on ADA issues and update its employee handbooks.

“This case might never have arisen if Hobby Lobby had clear policies to guide its management and human resources employees in determining whether to provide reasonable accommodations to employees whose impairments are long-lasting but not necessarily permanent,” said EEOC Regional Attorney John Hendrickson of the agency’s Chicago District.

Dominion Correctional Services, LLC and Corrections Corporation of America, both doing business as Crowley County Correctional Facility, paid $1.3 million and other significant remedial relief to settle a large sexual harassment lawsuit on behalf of 21 female former workers. The workers were allegedly subjected to a gender based hostile work environment and retaliation at an all-male, privately run medium security prison in Olney Springs, Colo.

According to the lawsuit the Equal Employment Opportunity Commission ("EEOC") alleged female employees at the prison were subjected to unwelcome sexual harassment that included male managers forcing them to perform sex acts in order to keep their jobs. This adds new meaning to the idea of working hard to get ahead. According to the lawsuit a female officer made a complaint of sexual harassment against a male coworker, and was then placed in an isolated location, where she was raped by the man about whom she had complained.

Another shocking allegation is that the Chief of Security forced a female corrections officer to have intercourse with him, which she did in order to keep her job. Other male managers similarly expected their female subordinates to provide sexual favors. A female corrections officer was coerced first into performing oral sex, and later intercourse, with a male captain, for fear of losing her job. Another female officer testified that a male lieutenant regularly made comments to her about how she looked and commented that he could do a lot better than her husband. He then allegedly told her that if she wanted to keep her job she needed to sleep with him. She resigned.

"We at the EEOC see an unfortunately high number of sexual harassment cases, but what allegedly happened here was shocking,” said EEOC Acting Chairman Stuart J. Ishimaru. “No working woman should ever have to endure harassment and requests for sexual favors by managers in order to earn a paycheck – or suffer retaliation for complaining about the illegal harassment.”

Continue reading "Prison Pays $1.3 Million to Settle Sexual Harassment Case" »

According to the Equal Employment Opportunity Commission ("EEOC") claims including a retaliation charge rose 23% in the year ended Sept. 30, 2008. The EEOC says more than a third of all claims filed with the agency have claims involving retaliation. Claims that didn't involve retaliation rose 12% during the same period. EEOC officials cite several reasons for the increase in retaliation claims. Due to the tough economy many employees feel slighted at being laid off or fired. Additionally, many companies are firing workers who complain because there are so many workers willing to take the employees job due to the tough job market. This is one instance where the squeaky wheel doesn't get the oil but gets the boot.

Retaliation is easier to prove than discrimination involving sexual harassment, or based on other forms of discrimination especially since a 2006 Supreme Court decision adopted a broader definition of retaliation. Many times a claim filed by the EEOC will have both a discrimination claim and retaliation claim. For example, an employee who is sexually harassed at work will report the harassment and then get fired or demoted. The employee will then file a claim with the EEOC for sexual harassment and retaliation.

M&N Equipment was sued by the Equal Employment Opportunity Commission ("EEOC") alleging a woman was retaliated against after making a sexual harassment complaint against a co-worker. According to the lawsuit the women was sexual harassed while working at the compnay and complained to management about the harassment. The company not only failed to remedy the situation at work but engaged in retaliation against the women when she came forward.

The lawsuit alleges that during the four months after the woman complained about being sexually harassed the company retaliated by reducing her work hours, taking away her company car, not giving her a promised transfer, and then fired her without explanation. Then once the woman found work at another company, M&N Equipment called that company two days later and falsely maligned her work performance, resulting in her being fired by her new employer.

"It is particularly important for a woman to feel safe from retaliation when she speaks out against sexual harassment in a workplace," said Mary Jo O'Neill, regional attorney for the EEOC office. "This is precisely the reason our laws prohibit retaliation for sexual harassment complaints."

Chicken restaurant chain Seymour Zaxbys is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassement and retaliation. According to the lawsuit two employees were sexual harassed and then complained about the sexual harassment. The same day that they complained about the sexual harassment they were both fired.

As a matter of law retaliation for complaining about sexual harassment violates Title VII of the Civil Rights Act of 1964. Title VII prohibits retaliating against employees who complain about alleged unlawful employment practices such as sexual harassment. In cases like this the EEOC will try to settle the case prior to filing a lawsuit. Damages which can be awarded in sexual harassment and retaliation cases include compensatory damages, punitive damages and an injunction against future discrimination. Also the company could be ordered to hire the employees back.

The Country Inn hotel is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment. The EEOC alleges the hotel’s management condoned the sexual harassment of several female employees and penalized the women when they complained about the hostile work environment. According to the lawsuit Candace Bland and other female servers including those under 18 were subjected to pervasive sexual harassment by two male coworkers.

According to allegations in the lawsuit, one man dropped his pants in front of the female employees and both male employees repeatedly engaged in offensive and unwelcome touching of female employees, including grabbing their breasts, “humping” against the women, slapping their buttocks and kissing them. Both men also made repeated requests for dates and persistent use of offensive and demeaning language towards the women.

Despite complaints by Bland and other women to the owner and other managers, the employer failed to take prompt measures to stop the harassment and after Bland filed a complaint with the EEOC her hours were cut and she was removed from work for a week. Other women who complained about the hostile work environment also had their hours reduced or the terms of their employment altered. In Illinois this type of conduct is called retaliation.

“It is unacceptable for an employer to punish employees who complain about sexual harassment by reducing their work hours and thereby reducing their income. Retaliation like this has a chilling effect on those who choose to exercise their federally protected rights and is blatantly illegal,” said EEOC Acting Regional Attorney Debra Lawrence.

Eman Al-Khadra, a doctor at Cincinnati Children's Hospital Medical Center filed a lawsuit against the hospital and her boss Hector Wong claiming gender discrimination and sexual harassment.Al-Khadra accuses Wong of sexually harassing her beginning when she interviewed for a job at the hospital. Additionally the lawsuit alleges gender discrimination against her based on lesser pay than comparable male doctors. She also claims she was not promoted because she rejected Wong's sexual advances which is retaliation.

According to Al-Khadra, she was threatened by Wong who is a martial artist after she rejected his sexual advances. At the same time her promotion was rejected and given to another female doctor who did not reject Wong's sexual advances, according to the lawsuit. Al-Khadra claims the hospital should have known about Wong's sexual harassment and did not stop it.

Al-Khadra claims Wong and the hospital retaliated against her after she filed a complaint with the Equal Employment Opportunity Commission ("EEOC") alleging sexual harassment against Wong and of the hospital.

Real estate agent Joseph H. Mancini and Mayor of Long Beach Township is being sued for sexual harassment. In the lawsuit Kymberly Oakes alleges she suffered economic losses, emotional pain and suffering and mental anguish after she rejected the sexual advances of her boss. The lawsuit states Mancini made numerous and repeated sexual advances toward Oakes who has been employed since 2006. The complaint states that Oakes began to reject the advances as she continued her employment.

The lawsuit alleges Mancini engaged in retaliation against Oakes after she rejected his advances and that Mancini used his position as her supervisor and mayor to retaliate by, threatening to accuse her of forging checks, refusing to pay Oakes commission for her work as an agent, interfering with her real estate clients and future business prospects. It is alleged he even threatened to revoke her real estate license.

"I can say it's meritorious. She has a strong case," John Sanders Oakes attorney said.

Halliburton employee Catarina Rose claims she was subjected to sexual harassment, and a hostile work environment and after reporting a sexual assault--retaliation. According to her lawsuit, Rose was subjected to egregious sexual harassment and intimidation by male coworkers and supervisors, including a sexual assault by a male co-worker.

Once Rose reported the sexual harassment she claims Halliburton management told her "I'll make it so hard on you out here that you'll quit," and "no one asked you to be here so deal with it," along with several other degrading and explicit proposals. Rose states she was forced to use her vacation time for the psychiatric evaluation that was required for her to return to work. The employee who committed the act was disciplined but allowed to return to work after a few days.

Continue reading "Halliburton Employee Sues For Sexual Harassment" »

Colleen Speaker a graduate student at the University of Southern Mississippi ("USM") settled her lawsuit with the school for $112,500. Speaker alleged sexual harassment from then-coach Randy Rowley. Rowley, 49, refused to talk about the matter and resigned his position from the university. The allegations included physical as well as mental sexual harassment. There aren't more specifics available at this time.

Speaker was hired as an assistant by Rowley and after she rejected his advances her position was eliminated. This would seem to be a clear case of retaliation and it is unclear if she is also filing a claim for that or if this settlement covers the alleged retaliation as well.

"I have absolutely no comment on any of that," Rowley said. "I resigned due to personal reasons."

Lindsay Gerken, 25 has been successful in her claim against Michael Ruppert and his company on her claims of sexual harassment and retaliation. The Oregon state Bureau of Labor and Industries ("BOLI") ordered Ruppert and his company to pay Gerken $127,713 in damages for the sexual harassment and retaliation. The ruling said that a continuing pattern of sexual harassment began shortly after Gerken was hired and included Ruppert coming to Gerken’s office door “wearing only his underwear and a smile.” Gerken declined Rupert’s explicit invitation to engage in a sexual relationship and was terminated the following week, which is obvious retaliation.

The Oregon BOLI is similar to the Illinois Department of Human Rights ("IDHR") and is in charge of investigating claims of sexual harassment and retaliation. Cases like this are not uncommon in the work place and it is very important to take immediate action to protect your rights if you are the victim of sexual harassment.

“BOLI will not allow employers to ignore fundamental protections for workers rights,” said Brad Avakian, the state labor commissioner. “Sexual harassment of this magnitude is a brazen violation of the law.”

Continue reading "Female Employee Awarded $127,713 in Sexual Harassment Case" »

Jennifer Braude a former associate at the law firm Maron Marvel Bradley and Anderson filed a sexual harassment lawsuit which is full of juicy details. There is a twist to this sexual harassment lawsuit however as the harassor is her female boss. According to court papers during the 18 months Braude was an associate at Maron Marvel Bradley & Anderson, she was subjected to a hostile work environment due to the sexually charged conversations initiated by her direct supervisor, Meredith Sossman. Sossman has since been fired and is now assistant vice president at Drexel University's Earle Mack School of Law.

The lawsuit alleges that Sossman talked about her own sexual interests, including engaging in foursomes and kissing her best female friend, who Sossman allegedly described as looking very similar to Braude. Sossman also allegedly made Braude turn around slowly when she entered the room so Sossman could see what she was wearing and made Braude's sex life the subject of discussion. Braude first file a complaint with the Equal Employment Opportunity Commission ("EEOC").

Sossman would allegedly tell Braude she was dirty hot and pressured her to go with her to a sex toys shop in Concordville, Pa., to purchase a vibrator, directing her on how to use it and instructing her to report back to Sossman in the morning after she used it.

Continue reading "Female Law Partner Sued For Sexual Harassment Of Female Associate" »

Two brothers, Paul Martinez, 57, and John Martinez, 56 who own Arvada Mexican restaurant are being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment of a 16-year-old employee, April Wyatt-now an adult. The two brothers are accused of physical and verbal sexual harassment and then retaliation when they fired the female employee after she complained of the sexual harassment.

According to the lawsuit starting in 2003 and ending in 2006, Paul Martinez repeatedly groped Wyatt by grabbing her backside, crotch and breast; pulled her underwear; and stuck his fingers in her mouth when she yawned. Martinez also shared inappropriate jokes and comments with Wyatt. By the end of 2006 Wyatt could no longer take the sexual harassment and complained. She was fired shortly thereafter which is retaliation.

“The conduct alleged here is reprehensible,” Stuart J. Ishimaru, acting chairman of the EEOC, said in a statement. “The harassment was compounded by the retaliation against a teenager who sought to complain about her illegal treatment.

Continue reading "Restaurant Sued For Sexual Harassment Of Minor" »

Tomayo Financial Services, based in Chicago Illinois was sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment and retaliation. Tomayo has four offices in Chicago and is a mortgage lending organization. According to the lawsuit female employees were sexually harassed and subjected to retaliation when they complained about the sexual harassment.

The EEOC claims numerous men employed at Tomayo, including executives, were part of continuous and widespread sexual harassment of women. The men referred to women with sexual epithets, engaged in threatening physical and verbal sexual conduct. The women reported the sexual harassment but nothing was done by Tomayo to stop the conduct and it only increased.

John Hendrickson, EEOC regional attorney for the Chicago District, said, “It does not matter what industry is involved—whether it’s automobiles, household products, mortgages—sexual harassment and retaliation are non-starters from both a business and a legal perspective.

Continue reading "Chicago's Tomayo Financial Services Sued For Sexual Harassment" »

Hilltown Packing is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment and retaliation. It all started when Filomena Ruelas who packed broccoli in the fields for the company between 1999 and 2005, faced sexual comments, propositions and touching from her supervisor. After reporting the behavior to management, she was not called back to work the next season, the suit says.

In cases like this many times the employer is not interested in helping to stop the sexual harassment because they are only interested in making money. Anyone who put a monkey wrench into the money makeing maching is deemed a trouble maker and retaliated against.

"All I wanted to do is work in peace and help support my family," Ruelas said.

Adams Brothers Farming Inc. is being sued by the Equal Employment Opportunity Commission ("EEOC") on behalf of Yareli Uriostegui claiming sexual harassment and retaliation. According to the lawsuit Uriostegui was subjected to repeated sexual harassment and she complained about it to management which did nothing to stop the sexual harassment. Shortly after complaining about the sexual harassment Uriostegui was fired by Adams Brothers Farming Inc. which the EEOC claims is retaliation for reporting the sexual harassment.

The lawsuit was filed in U.S. District Court and claims a foreman touched Uriostegui sexually many times and also verbally harassed her in a sexual nature. When Uriostegui complained, she was written up for poor performance and fired two weeks later. The EEOC is seeking compensatory damages, back pay, punitive damages and other injunctive relief.

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UPS settles a lawsuit involving Joanne Nijem who was represented by the Equal Employment Opportunity Commission ("EEOC") for $120,000. Nijem also alleged that UPS engaged in retaliation once she reported the sexual harassment. Nijem was the only female employee at the facility and alleged she was subjected almost daily to insults and criticisms in front of coworkers and customers, and when she reported the sexual harassment to the company hotline and the regional director, she was terminated a week later--which in Illinois is retaliation.

As in most cases like this UPS denied it did anyting wrong. As part of the settlement UPS will provide training to management and human resources officials who fired Nijem and agreed to maintain an anti-harassment policy and post it so employees can see it. When you look at the amount of money UPS had to pay on a case like this it makes you wonder what supervisors are thinking when they engage in such behavior.

Continue reading "Sexual Harassment Lawsuit Settles For $120,000 Between UPS and EEOC" »

Dolgencorp LLC, which does business as Dollar General is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment and retaliation. The lawsuit states that from at February 2005 through May 2006, Amanda Tittle Strickland, Maria Kinley Strickland, Tina Baxley and other similarly situated female employees were subjected to sexual harassment by Dollar General. The women were sexually harassed by a male store manager with crude and offensive sexual comments, unwelcome touching of the women's buttocks and breasts and request for sex.

All of the women complained about the sexual harassment. The company failed to take appropriate action to stop the sexual harassment and retaliated against the women. Strickland had to quit her job to escape the harassment. The EEOC is asking for an injunction to stop Dollar General from engaging in discriminatory employment practices. The women are seeking monetary damages.

Lynette A. Barnes, regional attorney for the EEOC's Charlotte District Office, said, "In this case, Dollar General had a policy prohibiting sexual harassment. However, the evidence obtained by the EEOC indicates that despite the policy, a member of Dollar General's management created the sexually hostile work environment for the female employees and other managers knew about it but took no action to stop it.

Continue reading "Dollar General Sued For Sexual Harassment and Retaliation" »

The U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict int he amount of $241,708 for plaintiff Youssef Bouamama against Go Daddy Software Inc. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Bouamama, a Muslim of Moroccan national origin who speaks Arabic and claimed Go Daddy Software Inc. had engaged in retaliation against Bouamama when it fired him for complaining about religious and national origin discrimination.

In the underlining lawsuit, the jury found in favor of Bouamama and said that Go Daddy Software Inc. terminated Bouamama, for complaining about religious discrimination and national origin discrimination. After 9-11, there has been a rise in the number of complaints and lawsuit filed based on national origin. Muslims seem to be the latest group to be subjected to this type of discriminatory conduct.

“We are pleased that the Ninth Circuit has affirmed the jury’s finding of retaliation,” said EEOC Regional Attorney Mary Jo O’Neill of the EEOC's Phoenix District Office.

Continue reading "Appeals Court Upholds $241,708 National Origin Verdict" »

A discrimination lawsuit has been filed against Minnesota State University ("MSU") by director of the University's Campus Access Program ("CAP"), Tonya Phillips and the program's retention specialist Dalton Crayton, claiming they've been subjected to racial discrimination and retaliation based on their race.

Under federal law Title VII of the Civil Rights Act of 1964, retaliation occurs when an employee is fired or has his/her terms and conditions of work changed as a result of making a formal complaint of discrimination. Title VII also protects those individuals who testify, assist or participate in an investigation of illegal activity or those who oppose unlawful employment practices.

University spokesperson Michael Cooper says MSU couldn't comment on the issue because it's pending litigation.The Minnesota State College and University system says MSU is moving to have the case dismissed; that motion will be heard October 23 in US District Court.

Continue reading "Two Females File Discrimination Lawsuit Against Minnesota State University " »

Former borough police dispatcher Brittany Kane filed a sexual harassment lawsuit alleging she was terminated after she said patrol officer Travis Allie sexually harassed her. According to the lawsuit Kane was repeatedly sexually harassed by Allie, including obtaining Kane's phone number without her permission, sending her messages claiming they engaged in sexual activity, making inappropriate remarks about her appearance, and at least once touching her inappropriately.

The lawsuit also alleges Allie became increasingly hostile toward her when Kane rejected his advances. Four days after she met with Lt. David Dudeck to change her schedule to avoid Allie, Kane was fired, which is proven would constitute retaliation. Township administrator Robert Bruschi told the Times of Trenton Kane was fired for unsatisfactory job performance.

Continue reading "Police Dispatcher Sues For Sexual Harassment" »

A Taxi's Restaurant worker, Joanne Cole was was sexually assualted by a male co-worker who used hot dogs in lewd gestures simulating fornication and she was bitten by the co-worker until she bled. The lawsuit by Cole alleges sexual harassment, sexual assault, discrimination and retaliation. The lawsuit alleges that while she worked for Taxi’s Hamburgers in Dublin California, she was subjected to ongoing sexual harassment, sexual assault and discrimination, and upon complaining of the unlawful behavior, nothing was done.

The lawsuit alleges that a Taxi’s supervisor directly observed Joanne Cole being assaulted by another co-worker who was by biting her lips and back while she fought him off telling him to stop. The supervisor did nothing after seeing the assault occur and instead turned his attention back to the television program he was watching.

The allegations state that Ms. Cole was subjected to lewd and lascivious gestures by other male employees including gesturing to their penises to simulate masturbation and holding a hotdog to their lower extremities as if it was a penis and gesturing to female employees. Ms. Cole was also repeatedly bitten on the lips and back by another male co-worker. Taxi’s Hamburgers took no action. Officers from the Dublin police department ultimately arrested the former co-worker.

Continue reading "Restaurant Worker Sues For Sexual Harassment After Hot Dog Used in Lewd Gesture" »

Nurse One Team One is the subject of a federal lawsuit by the Equal Employment Opportunity Commission ("EEOC") on behalf of 25 former nurses who claim a patient sexually harassed them. According to the sexual harassment lawsuit, they claim a client inappropriately touched, groped and made sexual requests of them. The lawsuit alleges that man requested that only female certified nursing assistants provide his care.

The lawsuit alleges that Nurse One Team One ignored at least 25 written complaints of sexual harassment from that male client. EEOC attorneys said the company even retaliated against one of the CNA's by firing her because the woman refused to apologize to that male client for warning a fellow co-worker about her experience with him. The lawsuit asks for unspecified amount including back wages, compensatory and punitive damages and injunctive relief.

"There is no excuse for knowingly and repeatedly subjecting female employees to a sexually hostile and abusive work environment," said Katharine Kores, EEOC Memphis district office director.

The Waterford Township Police Department was sued again for sexual harassment. Arlene Hampton filed the lawsuit containing two claims of sexual harassment alleging she was sexually harassed by male police department employees and subsequently suffered retaliation for complaining about it. The lawsuit comes eight months after the township paid a $325,000 settlement to police department clerk Penny Dye to settle her sexual harassment lawsuit.

Lt. Jim Lalone was named as the defendant in both Hampton's and Dye's lawsuits. Hampton alleges Lalone repeatedly commented on her body, legs, and mode of dress, and on occasion told her she dressed like a whore. Lalone allegedly told another male officer he planned to have sexual relations with Hampton. Despite Hampton's appeals to her supervisor and the township's attorney to investigate alleged sexual harassment targeting not only her but female co-workers, the harassment allegedly continued.

According to the lawsuit she was repeatedly sexually harassed by Lalone, who referred to women within the department as "tits" rather than calling them individually by name, according to the lawsuit. He allegedly referred to the department's female employees collectively as the "bra brigade," or the "bra corps."

Continue reading "Waterford Police Department Sued Again For Sexual Harassment" »

Nassau County was ordered to pay $604,589 to Patricia Luca in salary differential to a correction officer barred from becoming a police officer in retaliation for a previous sexual harassment lawsuit she filed. This amount was affirmed by the appellate court however the appellate court did give the county the chance to reargue in the U.S. District Court whether nearly $200,000 in attorney fees and costs should be awarded to the lawyer who represented Patricia Luca of East Meadow in the case.

Luca, 40, had been a correction officer more than four years when she filed her sexual harassment lawsuit in 2000 alleging that she was sexually harassed at the Nassau County Jail in East Meadow as the result of a in-house seminar on cultural diversity. She said a fictitious "scenario" that was distributed and used her name had embarrassed and humiliated her and made her the butt of lewd comments from many of her colleagues, destroying her self-esteem and career. She took a settlement offer in mid-2003.

In 1994 Luca placed 20th among hundreds of applicants on the police civil service exam given but in 2003 she was told that she was a "non-select" candidate on the certified Civil Service List and did not place in the incoming Nassau County Police Academy that began in early 2004. She filed the current lawsuit, saying that because of the previous one she was harassed by police officers investigating her background. She added that because she was a "non-select" on the Civil Service List, she was also rejected by several village police departments.

"The county was extremely disappointed in the opinion. We are considering our options," said Nassau County Attorney Lorna Goodman.

Continue reading "Nassau County Ordered to Pay $604,589 after Losing Sexual Harassment and Retaliation Lawsuit" »

Former Zimmer-man city administrator, Gregory LaFond, and Sherburne County settled a sexual harassment and retaliation lawsuit for $15,000. However, although LaFond is getting $15,000 from the county, in a cross-claim, LaFond must pay Deputy Michele Vlasak $12,000 to settle her claim against him. This is a long way from the $11.9 million LaFond was seeking.
In September 2007 LaFond filed suit against the county, former Sheriff Bruce Anderson, County Attorney Kathleen Heaney and Deputy Michele Vlasak, as well as other unnamed individuals.

In his lawsuit, LaFond accused the county of conspiring against him due to his work with the city of Zimmerman in negotiating the law enforcement contract between the city and county, as well as other duties with the sheriff’s department. LaFond claimed Anderson tarnished his reputation when he questioned the rising costs of the sheriff’s department in Zimmerman. LaFond also claimed Vlasak, whose duties were assigned to Zimmerman, conspired to assist in this retaliation by bringing a sexual harassment allegation against LaFond.

According to the Star News, Vlasak filed suit against LaFond, asserting a counterclaim that he had defamed her in claiming the harassment allegations were baseless and part of a conspiracy. In the end, the claims against all of the individual defendants were dismissed as part of the settlement. However, Anderson said, based on the estimates of another $60,000 to $100,000 it would have taken in defending the case, and the disruption of services to the public, just settling the case seemed appropriate.

“In our opinion resolving a complaint asking for a total of $11.9 million dollars in damages for a payment of $15,000 to Mr. LaFond, while at the same time Mr. LaFond has a payment made on his behalf of $12,000 to Deputy Vlasak, was not only reasonable, but in the interest of the public,” Anderson said.

Lowe's settled a retaliation and sexual harassment discrimination lawsuit under Title VII of the Civil Rights Act of 1964 for $1.72 million and significant remedial relief on behalf of three employees in their twenties who were subjected to a pervasive sexually hostile work environment and retaliated against for complaining about it. The former employees, two young men and one woman, were subjected to widespread and repeated sexual harassment by male and female managers and coworkers at a Lowe’s store in Longview, Wash., according to the Equal Employment Opportunity Commission ("EEOC"). The hostile work environment, which endured for more than six months, included physical and verbal abuse which culminated in one instance of sexual assault.

Among the many allegations in the lawsuit a female employee, age 21 at the time, was sexually assaulted by the 44-year-old male store manager in his office. Prior to the alleged assault, the EEOC said she was implicitly propositioned for sex by the manager related to a recent promotion she received. EEOC asserted that Lowe’s not only failed to take prompt remedial action to stop the sexual harassment, but also fired the three victims in the case. Retaliation occurs when an employee is fired for refusing or reporting sexual harassment.

“Corporate America should be on notice that sexual harassment and retaliation will not be tolerated by the EEOC,” said Commission Acting Chairman Stuart J. Ishimaru. “In this case, severe sex-based harassment of young workers was permitted to run rampant at one of the nation’s largest retailers. It is shocking that Lowe’s store managers actively engaged in, and even encouraged, such blatant unlawful conduct and then retaliated against the victims for objecting to it.”

Continue reading "Lowe's Pays $1.72 Million To Settle Retaliation and Sexual Harassment Lawsuit" »

A jury took less than three hours today to decide that Hillsborough County Commissioner Kevin White made unwanted sexual advances toward his former 24-year-old aide Alyssa Ogden, then fired her because she rejected those advances. Ogden was awarded $15,000 for past and future medical bills and $60,000 for pain and anguish. The county spent more than $100,000 to defend the sexual harassment lawsuit.

The verdict wound up a five-day trial which centered largely on a 2007 trip to Atlanta. During that trip Ogden alleges that White came to her hotel room at 2 a.m. and tried to have sex with her. Ogden alleged that White planned the trip to try and have sex with her. When Ogden refused to have sex she was subjected to retaliation by being terminated. White's former friend and political supporter, C. Blythe Andrews Jr., denied the commissioner's story that he arranged Ogden's trip to Atlanta at Andrews' request. Ogden says White asked her on the Atlanta trip, then tried to have sex with her there. The commissioner's uncle, Andre Moses White, first supported White's claim that he stayed at his uncle's house the night Ogden said the commissioner tried to sleep with her in an Atlanta hotel room. But the uncle later recanted the statement, saying his mind had been muddled by medications.

County Commissioner Rose Ferlita called the verdict "embarrassing" for taxpayers struggling with their own economic problems who must now shoulder legal fees.

Wilcox Farms, which operates dairy and egg production facilities in Oregon and Washington, will pay $260,000 and provide remedial relief to settle a federal sexual harassment and retaliation suit with the Equal Employment Opportunity Commission ("EEOC"). The lawsuit alleged that a male supervisor repeatedly grabbed, sought to forcibly undress and propositioned Wilcox Farms employee Diana Dominguez at its Aurora, Ore., facility. According to the federal agency’s investigation, the sexual harassment continued over many months despite Dominguez’s complaints to management, to the point where she began to fear for her physical safety. The EEOC found that Wilcox retaliated against Dominguez for reporting the harassment by isolating her from co-workers, forcing her to continue to work with the harasser and pressuring her to resign. Dominguez ultimately was forced to quit out of fear for her safety-which meets the legal definition of retaliation.

Under the terms of the consent decree settling the suit, Wilcox Farms denied any wrongdoing but will pay Dominguez $260,000. The company also agreed to adopt and to distribute to all employees a sexual harassment policy written in both English and Spanish; make its complaint procedures more convenient for employees to report harassment and retaliation; conduct sexual harassment training in English and Spanish for all managers, supervisors and employees; and to provide various reports to the EEOC over a three-year period.

EEOC Regional Attorney William R. Tamayo said, "This case involved a supervisor’s serious abuse of power over a female employee. Employers must take every report of harassment seriously. They shouldn’t dismiss such behavior as ‘the cost of doing business’ or ignore problems in hopes that they will go away. The law requires them to quickly and effectively respond to such complaints. Sexual harassment in the workplace is illegal – no one should be required to work in a hostile environment.”

Continue reading "Wilcox Farm Pays $260,000 to Settle Sexual Harassment Lawsuit" »

PetSmart, Inc., the nation’s leading retailer of services and products for pets, agreed to pay $125,000 and furnish significant equitable relief to resolve a federal sexual harassment and retaliation lawsuit filed by the U.S. Equal Employ­ment Opportunity Commission ("EEOC"). According to the lawsuit female employees were subjected to unwelcome sexual harassment by a store manager. The store manager’s sexually offensive conduct and comments included repeatedly grabbing his genitals while talking to female employees and making explicit sexual comments and sexual innuendoes.

PetSmart not only failed to take prompt and effective action to stop the sexual harassment but engaged in unlawful retaliation against a female manager after she complained. The store manager allegedly yelled at the woman, belittled her in front of subordinates, followed her around the store and disciplined her despite her good job performance. As a result of the unrelenting harassment and unwarranted retaliation, the EEOC said, she was forced to quit her job. In additional to the cash settlement, PetSmart agreed to mandatory EEO training of all managers, supervisors and employees about employee rights and employer obligations under Title VII of the Civil Rights Act of 1964.

“We filed this lawsuit because all employees have the right to complain about sexual harassment without suffering unlawful reprisals,” said EEOC Acting Regional Attorney Debra Lawrence. “We are pleased that the parties were able to resolve this matter and that PetSmart agreed to a variety of corrective measures designed to prevent future problems in the workplace.”

Continue reading "PetSmart Throws Bone To EEOC and Settles Sexual Harassment Lawsuit For $125,000" »

Brand Energy Solutions, L.L.C. which operates Texas refineries will pay $175,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission ('EEOC"). The EEOC said that an operations manager employed by Brand at a Corpus Christi refinery sexually harassed a female timekeeper whom he supervised. The sexual harassment included subjecting her to repeated unwelcome physical contact, sexual advances and comments; placing lurid images on her work computer; and threatening and intimidating behavior such as throwing objects at her and locking her in a trailer.

According to the suit, the woman was forced to quit her job when Brand Scaffold failed to take prompt and appropriate remedial action to address the harassment, as the law requires. Further, the EEOC charged, Brand retaliated against the woman for complaining about the abuse. After she complained to management she was removed from her work site, placed directly in the harasser's office and was shunned by the other employees. She was told by co-workers and at least one Brand manager that whistleblowers never keep their jobs. This is a form of retaliation. Once an employee complains of discrimination and employer may not take disciplinary action against the employee.

“The law requires employers to take reasonable steps to prevent such sexual harassment,” said David Rivela, senior trial attorney of the EEOC’s San Antonio Field Office. “We will continue to actively prosecute cases where employees are subjected to sexual harassment in the workplace. We are glad that Brand was willing to resolve this matter.”

Continue reading "Brand Energy Solutions Settles Sexual Harassment Lawsuit For $175,000" »

The Equal Employment Opportunity Commission ("EEOC") announced it settled a racial discrimination lawsuit against Material Resources LLC for $50,000 in compensatory damages, payment of $7,500 to an ex-employee and the company will offer anti-discrimination training.

The lawsuit alleged the company doing business as Gateway Co-Packing Co. didn't give a black employee the pay raise and health insurance coverage his white co-workers got. The EEOC says the company then fired the employee after he filed a complaint. This is commonly referred to as retaliation. In Illinois if an employee complains of discriminatory conduct the company cannot then discipline or termination the employee as a result of the employee bringing the discriminatory conduct to the attention of the company.

The Mason City Council reached a settlement on an age discrimination and gender discrimination lawsuit but did not disclose how much it will cost the taxpayers. Pat Gansen, 57, a city animal-control officer for eleven years and city employee for seventeen years alleges she was denied a job promotion because of age and gender discrimination. Gansen filed her lawsuit in June 2008, claiming the city permitted gender and age discrimination and harassment, and retaliated against her complaints by failing to promote her.

Gansen also alleged discrimination based on pay and benefits, and that she was denied her equal protection under the law by denying her equal pay-a violation of the civil rights act of 1964. Defendants in the lawsuit were the city, chief building official Chuck McGreevey, city engineer Mark Rahm and human resources director Tom Meyer, who is also the city attorney.

The Sahara Hotel and Casino in Las Vegas violated federal law by creating a hostile work environment for Ezzat Elias an Egyptian kitchen employee through a daily barrage of derogatory comments due to his national origin and retaliating against him when he reported it according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit Sahara's supervisors and coworkers continuously belittled and harassed Elias, whose job was delivering food from the kitchen to the hotel buffet and maintaining the buffet, because of his Egyptian heritage.

The harassment included offensive comments, slurs, and graffiti, such as being called “Bin Laden,” “Taliban,” and “f ____ Egyptian” and being told to “go back to Egypt.” Elias was also targeted with graffiti, which he was then required to wash off. Despite Elias’s repeated complaints of such harassment, the defendants failed to take effective measures to stop it. Instead, supervisors retaliated against him, which included disciplinary write-ups and suspension. Retaliation occurs when an employee complains about being discriminated against and supervisors do nothing about it and in fact either encourage the discriminatory behavior or punish the employee for reporting the discriminatory conduct.

National origin discrimination violates Title VII of the Civil Rights Act of 1964. The lawsuit seeks monetary damages for Elias, as well as injunctive relief to prevent such discrimination in the future.

"There is no excuse for such blatant and abusive behavior targeting workers on the basis of their national origin,” said EEOC Las Vegas Local Director Lucy Orta. “Employers must train their managers and frontline supervisors to prevent discrimination and to take prompt and effective action against harassment when it occurs."

Arthur Burton the owner of a Kettering apartment complex in Ohio was ordered to pay a total of $244,000 to a young woman who was an employee and tenant. According to the sexual harassment lawsuit, Burton asked the young woman about her sex life, about when she last had it, and most persistently, whether she would have sex with him. She always said no. According to the lawsuit, this all started when the woman was 20 and moved into the apartment. The apartment door had been kicked in, and Burton came by to fix it. During the week she lived there, he never finished the job. Instead, he asked her questions about herself. Soon, he was propositioning her for sex.

According to the lawsuit the woman came to his apartment to work on his computer, and Burton had pornography playing on the television. She reported this harassment to the police and they said this was a he said, she said and she needed evidence. She hid a digital recorder in her bra and recorded their future conversations. The transcript of her conversations with Burton, made on April 13, 2007, runs nearly 150 pages. It contains much mundane conversation about Burton’s business, but the topic of sex keeps returning. Burton tells her she turns him on. He asks her if she is attracted to him. He repeatedly propositions her. Some of his conversations could be seen as vailed threats of retaliation.

"You’re probably a sexual dynamo, aren’t you?” he asked. “I ain’t going to answer that question,” she replied, according to a transcript of a conversation she secretly taped.

The woman mentions several times that she was offended that he offered to pay her for sex. Burton explains repeatedly that he didn’t want her to lose money for sex with him during working hours. In Illinois it is illegal to tape a conversation without the consent of both parties or without a court order as Illinois is one of twelve states that require all party consent.

Continue reading "Apartment Owner Ordered to Pay $244,000 in Sexual Harassment Case" »

Calvin Young was awarded $85,000 in a sexual harassment lawsuit against his former employer, the Golden Corral restaurant on U.S. 19. According to the allegations in the lawsuit, Young worked there for about a month in 2006 and claimed that two gay male co-workers pestered him on a near-daily basis with lewd remarks and pressed up against his body, forcing him into a "sandwich." He complained to two managers and they did nothing about it. Instead the company fired Young for what it called job performance problems, but Young claims it was in retaliation for complaining about the sexual harassment.

Young and three other restaurant employees, Kenneth Vaughn, Dawn Haschalk and Pamela Gause, filed lawsuits against Sunny Corral, the Dallas-based franchise owner. Young claimed that he was sexually harassed and fired in retaliation for complaining about it. The jury found in favor of Young on all three counts, and awarded him $20,000 in back pay, $5,000 for pain and suffering, $60,000 in punitive damages. The other cases are pending.

In many sexual harassment cases, once an employee complains of harassment, the company engages in retaliation by writing up the employee for any perceived infraction and uses that as a basis to terminate the employee.

"I'm so glad that justice prevailed," Young said in an interview Monday. "It's so easy to defend a case instead of prove it."

L&T Group of Companies, Ltd., the largest employer and conglomerate of garment manufacturers in Saipan, will pay $1.7 million and to provide far reaching and significant injunctive relief to settle a series of lawsuits filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The lawsuits alleged the company violated federal law regarding retaliation and discrimination based on national origin, pregnancy and age, all in violation of federal law. The EEOC alleged that the employer retaliated against 14 Filipino and Bangladeshi workers when it terminated them because they filed charges of discrimination with the EEOC.

The allegations in the case also included that Bangladeshi security guards were being treated differently than Nepalese with respect to assignment of overtime hours, work location, and housing. Further, the EEOC said the defendants discriminated on the basis of national origin by providing different amounts of benefits to Nepalese, Chinese, Filipino and Bangladeshi employees, and failed to conduct any investigation regarding the claimants’ allegations. Within two or three months after the charge was filed with the EEOC, the defendants unlawfully retaliated against the workers by failing to renew their contracts.

“This major settlement shows that the EEOC will vigorously protect the rights of all workers, within every reach of our jurisdiction, to be free of discrimination,” said EEOC Acting Chairman Stuart J. Ishimaru. “The resolutions of these egregious cases bring a measure of justice to the many workers who were retaliated against and otherwise victimized by discriminatory employment practices because of their national origin, age, or pregnancy.”

Continue reading "L&T Group of Companies, Ltd Pays $1.7 Million to Settle Discrimination Cases With The EEOC" »

The Flordia State Attorney’s Office settled three sexual harassment lawsuits for $75,000 each for a total of $225,000. The three women, Brenda Keys, Gena Duncan and Barbara Chase alleged that former State Attorney Steve Meadows sexually harassed and retaliated against them because of their complaints. Meadows is no longer the State's attorney as he was defeated in last Novembers election.

Keys’ and Duncan’s claims were investigated by the Florda State Human Relations Commission ("FSHRC") last year, which found evidence to support their allegations and cleared the way for the lawsuits to be filed. The commission’s investigative report mentioned Chase, which allowed her to also file her own lawsuit. The FSHRC is analagous to the Illinois Department of Human Rights ("IDHR") in that it investigates claims of employment discrimination and determines if there is substantial evidence to allow the employee to file with either the state court or Illinois Human Rights Commission for trial.

“We looked at the individual claims, the HRC report and things we learned as we were investigating these claims,” Hess said. “We felt that the claim of a sexually oppressive workplace was going to be difficult to defend. We reached a settlement that we felt was fair to those women in the harassment claims and which we could live with.”

Continue reading "Florida Settles Three Sexual Harassment Lawsuits For $225,000" »

Hardhat Bianca Wisniewski broke through the construction industry's glass ceiling and hit the concrete wall of sexual harassment. Wisniewski sued JPMorgan Chase, Total Safety Consulting and others in Manhattan Supreme Court for a harassment campaign she says began when she took over as safety coordinator at the company's 270 Park Ave. construction site in 2007. Following a period on disability, Wisniewski was fired from her job with Total Safety Consulting of Long Island City, Queens after complaining of the sexual harassment. This constitutes retaliation.

Wisniewski alleges elevator operator Steve Greco groped and propositioned her while her bosses brushed off her claims. According to the lawsuit, Greco harassed Wisniewski with lewd come-ons that repulsed the widowed mother of two teenage daughters. According to the Daily News Wisnieski said Greco made the following statements to her.

"I just want to take you to dinner, no f------," she says Greco told her while grabbing her around the waist.

"Everybody kisses engineer Steve," the suit quotes Greco as boasting. "This is a man's world, not a place for women to work."

In 1995, the Federal Glass Ceiling Commission issued its report on the employment of women at the highest levels of business. The Commission found that within Fortune 1000 industrial and Fortune 500 companies, 95-97% of senior managers were male. The Commission also found numerous obstacles regarding the advancement of women in business, including inadequate outreach and recruitment practices, lack of mentoring opportunities and the placement of women in positions within corporations where they are less likely to gain the necessary experience and contacts for future advancement.

Continue reading "Female Hard Hat Hits Glass Ceiling and Files $20 Million Dollar Lawsuit" »

Laura Valenziano an 18 year employee of United Healtcare filed a complaint with the Illinois Department of Human Rights ("IDHR") against United Healtcare alleging they discriminated against her based on her sexual orientation and also that they retaliated against her for reporting the discriminatory conduct of her manager. It all started when Valenziano received a new manager and met the manager in person. The new manager began to make inquiries into Valenziano's personal life and ask about her female partner. After these non-job related inquires, Valenziano began to be treated different.

As reported in the Windy City Times, "within two weeks of the performance review, Valenziano was put on corrective action, which meant that she had 30 days to improve whatever had been listed on her evaluation as poor or she faced termination. The mention of a demotion was removed from the copy of the evaluation she received after protesting the corrective action." This is usually how discrimination in the workplace happens. The manager will start to put the employee on some sort of "corrective action" or "improvement plan", shortly after the employee complains about discriminatory conduct.

“It was one of the worst performance evaluations I've ever had. Along with that I received the largest bonus I've ever received,” said Valenziano. “The evaluation mentioned my devotion to the job.”

Continue reading "United Healthcare Sued For Sexual Orientation Discrimination" »

Morristown information technology specialist Ann Marie Spagnola alleged her boss, Eric Maurer, subjected her to sexual harassment by exposing her to sexually explicit materials. She alleges was called into his office to remove a sexually explicit screen saver from his computer and when she reported this and other conduct to Morristown Mayor John Delaney, he responded angrily each time. As a result of this action Spagnola submitted her resignation. Spagnola alleges there was a hostile work environement and retaliation as a result of nothing being done after she made her complaint.

After depositions were taken in the case it became obvious Morristown did not have a sexual harassment policy and that Spagnola had in fact been harassed and reported the harassment to the appropriate authority. Now eight years after Spagnola filed her first complaint and five years after she resigned, the parties settled for $981,990.

Preferred Labor LLC, doing business as Preferred People Staffing, which is a national employment agency chain agreed to pay $250,000 to settle a gender discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit, Preferred subjected a class of female employees in its Worcester, Mass., facility to unlawful job segregation on the basis of sex and then retaliated against one woman for complaining. The EEOC said that Preferred restricted women to a narrow range of assignments and complied with discriminatory requests from its clients for male-only temporary employees which violates Title VII of the Civil Rights Law of 1964.

“This settlement is a stark reminder to businesses: A customer’s preference to be staffed or served only by workers of a particular gender is never an excuse to engage in illegal sex discrimination,” said EEOC Acting Chairman Stuart J. Ishimaru.

U.S. District Judge F. Dennis Saylor IV approved a consent decree detailing the settlement in which Preferred will pay $250,000 to women who were affected by the discriminatory practices. In addition, if Preferred resumes conducting business as a temporary day labor agency, it will be enjoined from engaging in discrimination or retaliation and will implement policies and procedures prohibiting those practices. Also, the company will have to conduct anti-discrimination training for its employees and managers and take other steps designed to prevent discrimination and retaliation.

The U.S. Equal Employment Opportunity Commission ("EEOC") settled a federal lawsuit with Swissotel for $90,000 thereby resolving a harassment and wrongful termination lawsuit.

The EEOC charged in its suit that Swissotel violated the Americans With Disabilities Act ("ADA") by permitting two supervisors at its downtown Chicago hotel to harass, then fire the employee because of his developmental disability. The employee was repeatedly called “retarded” by his supervisors.

In addition to paying $90,000, Swissotel is required under the consent decree settling the suit to give ADA training to all of its Chicago-based employees, post a notice of the settlement at its Chicago hotel, and report to the EEOC complaints of harassment or disability discrimination and any actions taken as a result of the complaints.

“

Disability-based harassment, just like other forms of discriminatory workplace harassment, is against federal law and is tolerated by employers at their peril,” said John Hendrickson, regional attorney in the EEOC’s Chicago District Office.

Continue reading "EEOC Settles ADA Discrimination Lawsuit with Swissotel of Chicago for $90,000" »

Fourteen female Hayward police officers said they had faced systematic harassment based on their gender or sexual orientation announced today the case has been settled for nearly $5 million. The lawsuit stated that women were subjected to sexual harassment and those who accepted such advances were favored for promotions, and that a rumor mill churned out demeaning stories about female officers having sexual relations with multiple men in the department, often men whose advances had been rebuffed.

Lesbian officers were seen as targets for "conversion," the suit stated. Harassment against one officer included making her privy to a videotape that showed her husband, also an officer, having sex with a dispatcher. The women claimed that those who complained about the workplace conditions were retaliated against via demotions or denial of promotion, and in four cases were fired.

Casper said the amount of the settlement indicated the insurance companies "recognized the problems the city has historically had with women being treated fairly at the police department. Close to $5 million is not an amount paid unless someone has recognized years of wrongdoing."

Continue reading "Hayward Police Department Settles Gender and Sexual Orientation Lawsuit For $5 Million" »

According to the Equal Employment Opportunity Commission ("EEOC") an Oregon nursery violated federal law when it allowed female employees to be severely sexually harassed and retaliated against the women and male co-workers after they reported the harassment. This is the EEOCs third such case against Oregon agricultural employers. Last October, the EEOC filed lawsuits against Scheimer Farms of Nyassa, Ore., and against Wilcox Farms, Inc., and Wilcox Dairy Farms Group in Aurora, Ore.

The EEOC’s suit charges that sexual harassment and retaliation occurred at the Molalla, Ore., facility of Willamette Tree Wholesale, which operates 140 acres of retail nursery farmland, including a garden supply store and business office. According to the federal agency’s investigation, one worker, a 38-year-old Latina, was taken to remote areas of the farm by the company foreman and raped repeatedly over several months. In addition to threatening her with termination and loss of needed income, the harasser physically coerced her with pruning shears, and made threats against her life as well as against her family. Ultimately, when she refused to be sexually assaulted yet again, she was fired.

Another Latina co-worker, age 35, faced daily sexual innuendos and propositions for sex as well as grabbing and touching. When she and her husband, who also worked there, reported sexual harassment by a crew leader, Willamette Tree failed to investigate or respond to their complaint. The EEOC alleges that the couple and her brother were terminated in retaliation for having reported and opposed sexual harassment.

“All sexual harassment isunacceptable, but what happened hereis unspeakable,” said EEOC Acting Chairman Stuart J. Ishimaru. “This shows how dangerous a situation can become when employers are hostile to workers' rights andsexual harassment goes unchecked. There simply is no excuse for any employer tolerating this sort of worker abuse, and enough is enough."

Continue reading "Willamette Tree Wholesaler Sued For Sexual Harassment and Retaliation by EEOC" »

The University of Phoenix will pay former employee Latrish Elaine Tarhini $32,500 as part of a settlement of a pregnancy discrimination claim. Tarhini, who worked as enrollment counselor at the school’s Houston campus, claimed that University of Phoenix management said she would not be in line for a promotion because she made an earlier pregnancy discrimination claim against the Phoenix-based company and its parent, Apollo Group Inc. This is a form of retaliation and is unlawful. The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against the University of Phoenix on behalf of Tarhini in September 2008 in federal court, claiming the university violated retaliation statutes of the Civil Rights Act of 1964. It is a violation of federal law to discriminate against employees who previously filed discrimination claims against their employers.

In the settlement, the University of Phoenix admitted no wrongdoing or liability, according to a statement provided to the Phoenix Business Journal. The “University of Phoenix is pleased to have resolved this matter. We are dedicated to providing a work environment in which our employees are treated fairly and with respect, and are recognized and rewarded based on their accomplishments. University of Phoenix is committed to providing equal opportunity in all aspects of employment and does not tolerate discrimination or harassment of any kind,” the university statement read.

Earlier this month, a $375,500 settlement was reached in a civil lawsuit against Harrison County Sheriff Mike Deatrick and Harrision County stemming from the sexual harassment allegations. The settlement requires the county to pay for training for sheriff's department employees, including jail officers, in an effort to avert future employment discrimination. Harrision County is in Indiana.

Under the settlement agreement also known as a consent decree, inn addition to the cash settlement, the decree would require the department to hire a federal monitor to oversee its anti-discrimination practices for a period of two years and to conduct annual equal employment opportunity.

Deanna Decker and Melissa Graham, who had worked as dispatchers, filed their initial complaint with the Equal Employment Opportunity Commission ("EEOC") in May 2008. Decker, 39, said in the complaint that the sheriff touched her breasts on numerous occasions and once put his hands down her pants. Graham said Deatrick left sexually derogatory messages on her personal cell phone and made similar remarks in person.
In a later complaint, both women said Deatrick engaged in retaliation after the first complaint in part by staring at the women while brandishing his drawn gun.

The United States Supreme Court in 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (2009) by a 5-4 vote held that a provision in a collective bargaining agreement ("Agreement") which clearly and unmistakeably requires employees to arbitrate their statutory discrimination claims is enforceable and precludes employees from asserting their statutory claims in state or federal courts. In laymans terms what this means is that if you are in a union and through bargaining the union agrees to settle all employment claims through arbitration, your sole remedy as a union employee is to arbitrate the claim. You will be forever barred from filing a claim in any federal or state court.

This decision does not affect employees who are not in a union as they have not bargained through their representatives the terms of their employment. The types of claims involved could include sexual harassment, gender discrimination, age discrimination, racial discrimination. Americans with Disabilities, age discrimination, religious discrimination, retaliation claims and sexual orientations claims.

The Court did hold that the Agreement to arbitrate must be "clear and unmistakable". One issue the Court did not address is what happens if the Union does not take the employees claim to arbitration? There are two ways to interpert the Court's decision in Pyett, one the employee would have no further remedy or in that case the employee court take the case to state or federal court, however the latter seems less likely under Pyett.

Fire Mountain Restaurants LLC, doing business as Ryan’s Family Steakhouse (Ryan’s) settled a lawsuit with the Equal Employment Opportunity Commission ("EEOC") for $500,000. According to the EEOC’s lawsuit Ryan’s subjected black and female employees to a sex-based and race-based hostile work environment, as well as adverse terms and conditions of employment. In some instances, african-american workers were terminated because of their race. The EEOC charged that white employees were also harassed because of their association with black coworkers and family members. The mistreatment included being referred to as “n----r lovers” and “race traitors” by white managers.

The EEOC claimed female workers were harassed because of their gender, and all complainants suffered retaliation for reporting the discrimination. The gender-based hostile work environment included male managers physically intimidating women, making sexual advances, and calling them gender-related epithets such as bitches. This is a form of gender discrimination.

“Any company – whether large, mid-sized or small – should know better than to allow discrimination and harassment to run rampant,” said EEOC Acting Chairman Stuart J. Ishimaru. “No one should ever have to endure a hostile workplace in order to make a living. Employers that continue to violate federal anti-discrimination laws risk enforcement action by the EEOC.”

Continue reading "Ryan's Family Steakhouse Pays $500,000 To Settle Sexual Harassment Lawsuit" »

Federal District Judge Rebecca Pallmeyer entered a consent decree resolving two lawsuits against Chateau Del Mar, Inc. and Hickory Properties, Inc., known as Hickory Hills Country Club. Under the decree, the defendants are required pay $590,000, including attorneys’ fees, to a class of women who endured a sexually hostile work environment and retaliation, and, in addition, up to another $100,000 to African American applicants who were denied hire because of their race, also known as racial discrimination.

The Equal Employment Opportunity Commission ("EEOC") lawsuit, filed on March 25, 2008 under Title VII of the Civil Rights Act of 1964 alleged that the principal and manager of the facility sexually harassed a class of women employees over a period of years and refused to hire African American applicants. Female employees were called derogatory names and belittled as well as enduring sexual advances and, in some instances, physical assaults.

Shortly after three of the women filed their own private federal lawsuit for sexual harassment on October 24, 2007 (captioned Curry, Knable, & Raddatz v. Chateau Del Mar, Inc., Steven Gianakas, and Hickory Properties, Inc., No. 07 C 6021), Chateau Del Mar and Steven Gianakas sued them in Illinois state court. Their seven-count complaint alleged a wide variety of claimed wrongs, including, but not limited to, physical and mental injuries, “tripping and pushing Gianakas,” breach of fiduciary duty, and destroying property. (Chateau Del Mar and Steven P. Gianakas v. Knable, et al, Circuit Court of Cook County No. 2007L012463.)

“This serious and ongoing harassment of women was unconscionable enough. Then these defendants made a bad situation worse by punishing the victims for engaging in protected activity,” said EEOC Acting Chairman Stuart J. Ishimaru. “This kind of retaliation is plainly illegal, even if it is cleverly disguised as a supposedly legitimate lawsuit.”

An EEOC investigation determined that there was reasonable cause to believe that the women were sued because they exercised their federally protected rights to protest discrimination. The circuit court of Cook County dismissed the lawsuit Chateau Del Mar and Gianakas had filed. Thereafter, the EEOC filed a second lawsuit on September 22, 2008 against Chateau Del Mar for retaliation. The three individual private plaintiffs intervened in the EEOC’s retaliation case, and all three suits were docketed as related cases before U.S. District Judge Rebecca Pallmeyer.

Continue reading "Hickory Hills Country Club To Pay $690,000 To Settle EEOC Sexual Harassment, Retaliation and Racial Discrimination Lawsuit" »

A Phoenix-based international military contractor, Simula, which is owned by BAE Systems will pay $110,000 and furnish other relief to settle lawsuit charging gender discrimination, age discrimination and retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC’s suit (Case No. 2:07-CV-01656-PHX-ECV) in U.S. District Court for the District of Arizona charged that Simula, Inc. discriminated against temporary employees Margaret Chavez, Laura Box, and Christine Hanson by paying them less than male employees who performed the same job duties and not making them permanent employees. The EEOC also charged that Simula discriminated against Chavez on the basis of her age and ended Box’s temporary employment in retaliation for her complaints of sexual harassment.

"Employers cannot take advantage of temporary employees by denying them a work environment free of gender and age discrimination and retaliation,” said EEOC Acting Chairman Stuart J. Ishimaru. “Federal law protects both permanent and temporary employees from discrimination and retaliation in the workplace.”

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964, which prohibit employment discrimination based on age, race, color, religion, sex (including pregnancy or sexual harassment) or national origin and protects employees who complain about such offenses from retaliation.

Continue reading "Simula Settles EEOC Gender and Retaliation Case For $110,000" »

To settle a retaliaion lawsuit the University of Phoenix, Inc. will pay $32,500 and ensure managers and employees are trained in complying with laws prohibiting employment discrimination and retaliation. It also requires a notice be issued to Tarhini’s former supervisor on the EEOC’s allegations of retaliation, and that the university provide the agency with annual reports reflecting any retaliation complaints with Title VII implications.

The EEOC’s lawsuit, filed in September 2008 (C.A. 4:08-cv-02890 in U.S. District Court for the Southern District of Texas, Houston Division), charged that Latrish Elaine Tarhini, an enrollment counselor at the University of Phoenix’s Houston campus, applied for the company’s leadership development program and for a position as a team lead. After she was not selected for either, the EEOC said, Tarhini learned that management had stated she would never be a manager or considered for management because of her earlier pregnancy discrimination charge against the company.

“Denying an employee training opportunities in retaliation for having previously filed a discrimination charge violates federal law as much as a retaliatory discharge,” said Kathy D. Boutchee, the EEOC senior trial attorney in charge of the case."

Providence Alaska Medical Center will pay $220,000 and revise its policies, provide training on discrimination and retaliation for operating room employees, and file regular reports with the EEOC for monitoring in addition to other injunctive relief as part of a settlement of an age discrimination lawsuit on behalf of five workers laid off and denied rehire because of their age.

The EEOC charged that in February 2005, Providence laid off and refused to rehire longtime employees Gola Anderson, Lawrence Harris, Milagros Lopez, Rebecca Petrie and Canijie Sadiku, following a restructuring of the hospital’s operating room. The five employees had devoted between 11 and 24 years of their careers as surgery aides and anesthesia technicians to Providence and all had hoped to retire from Providence one day. The EEOC said that the five employees, ages between 46 and 56, lost their jobs due to their age, and were replaced by new hires in their twenties and thirties.

"Employers have a duty to ensure that they do not run afoul of the law when they restructure their workforce,” said EEOC San Francisco Regional Attorney William R. Tamayo. “We commend Providence for working cooperatively to resolve this lawsuit and believe that the relief provided in the consent decree will prevent something like this from happening in the future.”

Continue reading "Providence Alaska Medical Center to pay $220,000 To Settle Age Discrimination Lawsuit " »

Brooks Run Mining Company and staffing firm Neal & Associates will pay $115,000 to settle a gender discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC") According to the lawsuit, women security guards as a class were discriminated against because of their gender. The EEOC alleged the women complained about sexual harassment, then retaliated against as they were prevented either by layoffs or transfers from working at the Brooks Run Cucumber mine site, although those security jobs were available to men.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Southern District of West Virginia (Case No. 5:08-cv-0071) after first attempting to reach a voluntary settlement.

"Too often, women working in non-traditional fields suffer this kind of discrimination,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC will fight to protect the rights of all workers to be free from discrimination based on gender and free from retribution for asserting that right.”

The three-year consent decree settling the lawsuit gives $115,000 to three women, all former security guards at the Cucumber mine site. In addition to monetary relief, the decree provides for significant remedial relief, including promoting supervisor accountability. The settlement also requires yearly training for all management staff on employee rights and employer obligations under federal and state anti-discrimination laws, with an emphasis on sex discrimination.

Continue reading "Brooks Run Mining Co. and Neal & Associates Settle EEOC Gender Discrimination Lawsuit For $115,000" »

Sharon Starzyk a Cicero worker in the town's Animal Welfare Department, alleges in a federal lawsuit that Cicero President Larry Dominick embarked on "an increasingly offensive course" of sexual harassment and sexual assault, which included explicit comments, groping and inappropriate touching. The lawsuit also alleges Dominick sent Starzyk lewd and sexually explicit text message and that Dominick "grabbed and squeezed her breasts" and in one case "picked her up by her crotch."

According to a lawsuit Janidet Lujano, a former auxiliary police sergeant in the town of Cicero, accused Dominick of sexual harassment and inappropriate touching. The lawsuit alleged Dominick repeatedly commented about her breasts. She also said Dominick touched her inappropriately and made sexual comments about her mother.

Starzyk first revealed that she was sexually harassed and assaulted during a recent deposition hearing for the Lujano trial. Moran, Starzyk's attorney said Starzyk didn't want to tell anyone about the incidents in fear of losing her job, which is commonly known as retaliation.

Dawn Sands, former vice-president and executive general counsel of Menard Inc. was awarded $1.5 million in back pay and damages and rehired at a higher salary according to an arbitration agreement. The case started when Sands was earning $70,000 and she complained, prompting the company to terminate her employment. She filed a lawsuit claiming gender discrimination and retaliation.

Menards appealed the arbitration award and on April 14, 2009 the Wisconsin Third District Court ruled against Menards and upheld the arbitration award. The Court also found Menards in contempt for not rehiring sands and scheduled another hearing to determine damages.

Laws in Illinois provide that gender discrimination occurs if a company terminates or otherwise take an adverse job action against an employee because of the sex of the employee. A companies policies and employment rules must be applied equally to all employees. Policies and employment rules which have a disproportionately adverse impact on one sex are strictly prohibited under both Illinois and Federal law. In short, if you are a female and have the same qualifications of a man and do the same job but get less money you may have a gender based discrimination claim.

Continue reading "Menards Ordered To Pay $1.5 Million To Settle Discrimination Lawsuit" »

Rebeccas Myers, former employee of Jackson Hewitt Tax Service claims that when she complained that her boss at Jackson & Hewitt sexually harassed her, her boss's boss told her that "since they were alone in his office she could make herself feel better by performing oral sex on him." Myers sued Garfield & Johnson Enterprises dba Jackson Hewitt Tax Service, of Levittown, Pa.; her immediate supervisor, Michael Nolan; and Frank Johnson, a partner or principal of Garfield & Johnson, for sexual harassment and retaliation.

Myers claims that both men sexually harassed her and that Nolan's revolting behavior included asking her for ex, and telling her he wanted to "'lay [her] over a table' and have sex with her."
Myers alleges in her lawsuit that in evaluating her performance, "Nolan wrote in the evaluation, 'Rebecca Myers should experience what Nicole Brown Simpson did.' Nolan had sent this email to Mr. Johnson, who then circulated the evaluation to several other Jackson Hewitt managers and supervisors."

According to the lawsuit when Myers complained to Johnson of this email and of the allegations of sexual harassment, Johnson made the comment about "mak(ing) herself feel better by performing oral sex on him." Myers claims she was constructively discharged.

Duane Reade with more than 200 drugstores in the New York area, agreed to pay $240,000 to settle a lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") alleging a pattern of sexual harassment and retaliation at one of its Bronx stores. According to the lawsuit employees faced sexual harassment and pregnancy discrimination and employees who complained and filed discrimination charges were retaliated against by being subjected to further harassment by supervisors.

The lawsuit was filed in Federal District Court in Manhattan after the commission tried to reach a voluntary settlement with Duane Reade. “This settlement achieves the EEOC's objectives by providing appropriate relief to the victims of sexual harassment while implementing appropriate measures to prevent this kind of violation in the future,” said Spencer H. Lewis, director of the commission’s New York district office. In addition to money damages, the suit had sought improvements in training and other policies.

“The store manager, Madiaw Diaw, frequently made vulgar remarks about women’s private parts, sexually propositioned female employees, made lewd comments about their pregnancies and bodies, assigned unfavorable job duties to pregnant employees and repeatedly grabbed female employees, including grabbing their buttocks,” the EEOC said in a statement.

Continue reading "Drugstore Chain Settles Sexual Harassment and Retaliation Lawsuit for $240,000" »

Although the title suggests damages in a sexual harassment case, these damages are also available in most discrimination cases.
1. Economic Damages--consist of back and front pay plus incidentals. Included in this calculation are benefits. Back pay is the amount of money equal to wages an employee would have earned, including all benefits from the date of discharge through the date of final judgment. Front pay is an amount of money equal to wages and benefits the employee will lose in the future because of a lower paying job or no job at all. Incidentals may be relocation costs, education costs for retraining and costs for tools if required at a new position.

2. Emotional Distress Damages--There is new specific formula for this calculation and there are many factors to consider including, the credibility of the employee, length of employment, believeability of witnesses, prior or pre-existing similar injuries, nature and extent of counseling or other medical treatment, and strength of the underlying case.

3. Punitive Damages--Under Title VII and ADA violations punitive damages may be awarded. In order to recover the employee must prove the employer engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of the employee, but also that liability for the punitive damages should be imputed to the employer.

4. Attorneys' Fees--All federal anti discrimination statutes and those in Illinois provide for the recovery of attorney fees by the prevailing party. Discretion as to the amount is up to the Judge.

Continue reading "Damages In A Sexual Harassment Case" »

A federal jury awarded former dean of students Cheryl Farb $5 million after finding that she was fired in May 2006 in retaliation for filing a formal complaint against the then principal, James Brown. Farb claimed Brown used sexist language in front of female staff and commented on students' bodies. Additionally a witness testified that Brown used a sexist slur and threatened to have Farb fired when he was told she had filed the complaint alleging sexual harassment.

The jury found the Baldwin Board of Education liable for intentionally inflicting emotional distress on Cheryl Farb, the middle school's former dean of students, who had claimed she was a victim of sexual harassment and gender and racial discrimination. The Baldwin Board of Education, which, after an internal investigation, determined that Farb's claims were unsubstantiated, was found guilty of retaliation, for terminating her.

"Farb said she was appalled that Brown is still employed by the district."

Continue reading "Former Dean Awarded $5 Million in Sexual Harassment Case" »

Former paramedic Dawn Reid is suing the district, including Chief Barry Beckwith, claiming retaliation and discrimination. She alleges that male employees were treated more favorably than female employees continually throughout 2007 and 2008. The lawsuit also alleges that female employees were referred to as “broads” or F*** broads,” among other allegations.

Reid was suspended and fired from her job in January 2008 without any formal reason, which is the basis for the retaliation claim. Beckwith was suspended with pay for six days in March, pending an investigation by the Rescue Squad District’s board of trustees.

Former Deputy Chief Todd Jones also is suing the district for allegedly being demoted after he complained about the discrimination in early 2008. According to the lawsuit, a demotion to the position of emergency medical technician was ordered after Beckwith had found out that Jones consulted with a lawyer about filing a claim for retaliation.

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Continue reading "Illinois Rescue Squad Sued for Retaliation and Discrimination" »

A Valley Yellow Pages employee, Lori Gardner, filed a sexual harassment lawsuit against her supervisor David Golla, alleging that he repeatedly asked her to take photos of her breasts in order to leave work early and talked about what it would be like to have sex with other employees. The lawsuit against employee David Golla and AGI Publishing Inc., which publishes Valley Yellow Pages, alleges sexual harassment, discrimination in employment and retaliation, intentional infliction of emotional distress and breach of contract.

According to papers filed in the lawsuit, Gardner, an account executive alleges Golla, her supervisor, created a hostile working environment by repeatedly commenting about her breasts throughout the day for months. Gardner also alleges that Golla tried to kiss her and reached into her blouse and grabbed her breast.

“He would regularly comment on the bodies of women, making statements like ‘Look at the udders on that one’ or ‘Look at those, nice …’ ” according to the lawsuit.

Gardner also alleges that when she resisted Golla’s advances, he threatened to take her job away, threw materials on the desk and spoke harshly to her. Gardner repeatedly reported the sexual harassment but nothing of substance was done to stop it according to the lawsuit.

Continue reading "Sexual Harassment Lawsuit Filed Against Yellow Pages " »

A former school official of the Long Island school district, Cheryl Farb was awarded $5 million in a sexual harassment lawsuit. Farb was fired in 2004 after complaining that a middle school principal, Brown, used sexist and derogatory language toward her The former dean of students, Farb was choked up with emotion, recalling being fired from her job at the Baldwin Middle School.

"You need to stand up for what you believe in and what's right," Farb said.

Farb sued the principal and Baldwin School District in federal court, and a jury ruled Thursday that she was the victim of retaliation and fired because she lodged complaints of discrimination and sexual harassment. Brown, who remains on the job, was ordered to pay $1 million; the school district will pay the remaining $4 million.

"It only took this jury one hour and 20 minutes to come back with an award of $5 million," Farb's attorney, Rick Ostrove, said.

Continue reading "Ex-Long Island Teacher Awarded $5M In Sexual Harassment Lawsuit" »

The Los Angeles City Council today approved a $130,000 settlement in a sexual harassment complaint by Mary Cummins-Cobb against departing Animal Services Director Ed Boks. The lawsuit, filed by animal activist Mary Cummins-Cobb alleged Boks engaged in "inappropriate and unprofessional conduct" including trying to hug and kiss her, calling her frequently and using vulgar comments with her. Boks resigned last month in the face of pressure from officials, with complaints over his decision-making and operation of the department.

Cummins-Cobb had been working with Boks to develop the Animal Services Web site, but she had to leave because of the way she was being treated. After leaving the post, Cummins-Cobb alleged in her lawsuit that she lost other jobs because of Boks. Cummins-Cobb filed a lawsuit as a result of being fired alleging sexual harassment, retaliation and the creation of a hostile work environment.

Cummins-Cobb also alleged that Boks would come to her residence drunk late at night and ask her out for a date.

Continue reading "Activist Settles Sexual Harassment Case For $130,000" »

Robin Korherr filed a complaint Sept. 12, 2007, with the Division of Human Rights, alleging sexual harassment, gender discrimination, racial discrimination and retaliation. The Division of Human Rights later found probable cause in the case. Korherr worked June 2003 to August 2007 at the sheriff's office as Sheriff Meskill's confidential secretary. Korherr, also a member of Ithaca Common Council representing the city's Fifth Ward, alleges sexual harassment and retaliation from April 2005 to August 2007.

Korherr claims the sexual harassment began in 2005 when she was going through a divorce. Korherr says on several occasions, Meskill tried to kiss and grope her. Korherr testified that she approached her boss numerous times to rectify the situation and the sheriff would apologize initially, but become aggressive again and continued with the alleged behavior through his re-election in 2006. She also claims she received dozens of drunken phone calls from him.

Korherr says Meskill made it impossible for her to work by taking away her privileges and enforcing new rules and believes it was retaliation, saying it was because "I wouldn't sleep with him."

Dallas Fire-Rescue ("DFR") faces a second sexual harassment lawsuit after a female employee, Leanne Siri found semen spilled and smeared on her desk. The body fluid was on her keyboard, on a photo of her daughter and inside the coffeec up she drank from. Siri said she was recently demoted as the highest ranking civilian for reporting sexual harassment to commanders, including explicit e-mails among other things. This is a form of retaliation and a hostile work environment.

"The thought it was in my cup made me sick at my stomach and made me ill," Siri said.

Siri's lawsuit also states DFR did allocate $75,000 for sensitivity training two years ago as a result of the first sexual harassment lawsuit, but later spent the money on an embroidery machine among other things. Many times as part of a lawsuit settlement, a company is required to spend money on training to correct previous mistakes.

Penny Jo Dye, a former information systems clerk and steno clerk for the Waterford Township alleged in her lawsuit that she became the subject of inflamed, derogatory and degrading comments of a sexual nature after she gave a statement supporting a co-worker who had also made claims of sexual harassment against the department. Dye and her attorney will be paid a total of $325,000 in exchange for dismissing the lawsuit.

Dye made a verbal complaint of sexual harassment to her supervisor per the police department's sexual harassment policy. A written complaint reportedly was filed with the township's director of fiscal and human resources.The lawsuit claimed Dye was then aggressively retaliated against by the township and the police department.

The lawsuit alleged the retaliation included removing Dye's job duties, removing her from e-mail distribution lists, withholding training, removing her ability to use flex time, initiating and continuing ridiculous and unjustified internal investigations to discipline her, relegating her to a corner and other demeaning treatment and firing her.

In a lawsuit filed in U.S. District Court in Pittsburgh, Roy E. Dreshman Jr., 55, of Munhall, Allegheny County, alleges the sexual harassment began two months after he was hired as a nurse at Henry Clay Villa in Markleysburg in 1997. He alleges he was continuously propositioned, referred to as a "pretty boy" and subjected to unsolicited touching until he was terminated in 2008. Dreshman, a former stripper, indicated he told no one of his work as a stripper when he was hired, but it was made public when two co-workers recognized him. After that revelation, employees asked for lap dances, and some employees passed around photos of Dreshman as a dancer.

Dreshman alleged management retaliated against him when he complained, instead of initiating an investigation. The retaliation escalated when he threatened to file the EEOC complaint, ultimately resulting in his termination. Dreshman is seeking back pay, compensation for lost benefits and compensatory damages for pain, suffering and emotional distress.

"Residents made comments like: 'Oh, my gosh, you are one of them go-go boys,'" wrote Dreshman in the EEOC complaint.

The former president of a major Green Bay manufacturing firm, Roderick Ganiard, claims he was wrongly terminated after confronting his boss - CEO and philanthropist Richard Resch - about how his repeated affairs with female staffers were hurting the company. Ganiard filed a lawsuit against Resch and office furniture-maker Krueger International, alleging at least five women have brought sexual harassment complaints against the company, and that Resch forced Ganiard out after he led the company to record sales--which is retaliation.

"Mr. Ganiard was an at-will employee who had a written contract," said George Burnett, attorney for Resch and KI. "He does not like the severance package he negotiated and now is alleging all sorts of garbage."

Burnett said the allegations of sexual harassment are false and were not part of Ganiard's original lawsuit filed in state court last year. The company last month had the case moved to federal court, where the defendants' motion to dismiss is pending.

According to court records, Ganiard alleges a woman in her early 20s said Resch, 70, constantly asked her out and offered to transfer her to working directly for him. Mark Olsen, a 30-year employee and chief financial officer, resigned after Resch flew into a rage when Olsen confronted him about the complaint. Resch pressured the company to hire a waitress he met. The woman was very open with other KI employees about the fact that she was dating Richard Resch and her relationship with him. One woman who had a long-term relationship with Resch was earning substantially less than her peers in the company. Ganiard said he learned Resch "compensated her off the books with a number of indiscrete benefits" - including a home, trips and college tuition for her children.

Nordstrom, Inc. will pay $292,500 to 10 former employees and furnish other remedial measures to settle a harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC had alleged that the department store manager harassed Hispanic and black employees based on their national origin, engaged in racial discrimination and retaliated against those who complained about the harassment.

According to the EEOC's lawsuit, an alterations department manager at Nordstrom complained that she "hate[d] Hispanics," and that Hispanics were "lazy" and "ignorant." Hispanic tailors were chastised by the alterations manager for speaking to each other in Spanish. The same manager made other derogatory remarks such as "I don't like blacks" and "you're black, you stink." These types of comments are a clear violation of federal law and will always subject a company to liability. Harassment based on national origin, race, and color violates Title VII of the Civil Rights Act of 1964.

"Employers must act swiftly to correct harassment and prevent abusive conduct," said EEOC Regional Attorney Nora E. Curtin. "Instead of dealing with the despicable racial and ethnic comments, Nordstrom management allowed the harasser to retaliate against the employees for complaining."

Continue reading " Nordstrom Pays $292,500 To Settle EEOC Discrimination Lawsuit" »

Jessica Hein, 23,alleges that her shift leader, Ryan Dennis, 26, made numerous unwanted sexual advances toward her, including unwanted and unsolicited touching, grabbing, groping and squeezing various parts of her body. Hein alleges that the Village discriminated against her based on her gender and subjected her to a hostile work environment as a result of the unwanted sexual harassment.

The lawsuit alleges five counts of sexual harassment, assault and battery, negligent hiring, negligent supervision and negligent retention and also claims the Village knew or should have known of the sexual harassment and failed to take appropriate corrective action which resulted in retaliation against Hein for complaining about the sexual harassment and for filing complaints with the Mason City Human Rights Commission.

Village Executive Director John Severtson said due to confidentiality issues he could not say if Hein and Dennis are still employed at the Village.

Hein is seeking damages for each count, including, compensation for past and future suffering, emotional distress, loss of enjoyment of life, punitive damages in an amount appropriate to punish the Village for willful and malicious conduct and to deter the Village from engaging in such misconduct in the future, compensation for all past and future medical and counseling expenses and attorney fees.

Cracker Barrel Old Country Stores, Inc. will pay $255,000 to settle a sexual harassment and retaliation lawsuit which was filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The lawsuit alleged Cracker Barrel allowed its general manager, managers, and other male employees to subject a class of women at its Cedar Bluff, Tenn., location to sexual harassment and retaliated. According to the EEOC the general managers, other managers and male employees made repeated and unwanted sexual jokes, and lewd remarks. The women complained to the managers and Cracker Barrel's 800 number complaint line but the company failed to take action to stop the harassment, according to the EEOC. As a result of complaining about the sexual harassment, the managers moved the complaining women to areas of the restaurant where tips were low in retaliation for reporting the sexual harassment.

Part of the settlement requires the company to conduct annual training on sexual harassment and retaliation for all employees at the restaurant for three years. Cracker Barrel must also maintain and report complaints of harassment received for three years and post its sexual harassment policy, including its 800 hotline number for reporting such claims according to the Tennessean.com

Cracker Barrel spokeswoman Julie Davis said the restaurant chain decided to settle the situation to maintain a good working relationship with the EEOC.

"Cracker Barrel Old Country Store and the EEOC share the same goal in this matter: a workplace that is free of harassment," Davis said

Under federal law (Title VII), retaliation occurs when an employee is fired or has his/her terms and conditions of work changed as a result of making a formal complaint of discrimination. In this case moving the women to areas of the restaurant where tips were low was a change of the working condition.

The Illinois Supreme Court held in Blount v. Stroud, 2009 WL 153862 (Ill Sup Ct. 2009) that the Illinois Human Rights Act ("Act") doesn't preclude employees who file a claim under the Human Rights Act from bringing other claims based on common law, or federal statutes in state court.

Background

Jerri Blount filed a multicount complaint in Cook County Circuit Court against her former employer Jovon Broadcasting Corporation and the owner and general manager. The two counts of interest to his analysis were her common law retaliatory discharge and retaliation under 42 USC Section 1981. The defendant filed a motion to dismiss claiming the Act precluded her from filing in the circuit court. The court rejected the motion to dismiss and she was ultimately awarded over $3 million dollars by a jury. The appellate court reversed holding the Act deprives Illinois Courts of subject matter jurisdiction. The Illinois Supreme Court heard the case and ruled that whether facts giving rise to a civil rights violation as defined under state law might also give rise to a civil rights violation under definitions found in federal statutes was not relevant and Blount had a right to pursue her claim under federal law in state circuit court.

Leanne Siri the highest-ranking civilian woman at Dallas Fire-Rescue ("DFR") filed a federal lawsuit with the U.S. Equal Employment Opportunity Commission ("EEOC") alleging that she was demoted recently after complaining about lewd e-mails and sexual harassment from higher-ups.
Attorney Aaron Ramirez is representing another woman at DFR who filed a similar lawsuit saying a superior "...would loudly carry on all sorts of graphic and inappropriate sexual conversations with anyone who would listen." "I don't think it's isolated at all,” said Ramirez. “We have three clients currently right now. I know there's a fourth one that came out yesterday. We've talked to at least five or six other women."

Ramirez said another female firefighter he represents filed an EEOC complaint alleging men urinated on her bedding and placed straight pins in it.

Basic Energy Services, L.P. agreed to pay $250,000 and consented to substantial injunctive relief to settle a sex discrimination and retaliation suit brought by the U.S. Equal Employment Opportunity Commission ("EEOC"), the agency announced today. The EEOC charged in its suit that the Midland, Texas-based company, a major oil well servicing contractor, had discriminated against a former field attendant because of her sex and then fired her because she complained about a discriminatory promotion denial and sexual harassment.

It is alleged that Basic Energy Services denied Tawnya Smith, who worked for the company as a field disposal attendant, a promotion to field supervisor in 2006 because of her gender. Further, the EEOC asserted, Smith also was subjected to months of sexual harassment by her immediate supervisor, Roger Caldwell. After Smith filed a charge of discrimination with the EEOC and made an internal complaint about the sexual harassment, the suit said, the company terminated her in March 2007 in retaliation.

The EEOC’s suit was resolved by a consent decree, which was signed by Judge Tom Stagg on March 6, 2009 and entered into the record of U.S. District Court for the Western District of Louisiana on March 6, 2009.

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Continue reading "Basic Energy Settles EEOC Sexual Harassment and Retaliation Lawsuit For $250,000" »

The U.S. Equal Employment Opportunity Commission ("EEOC)' settled its lawsuit with Wheeler Construction, Inc., a Phoenix-based construction company for $325,000 and other relief on behalf of Mexican workers. The lawsuit was based on discrimination because of national origin, harassment and retaliation.

The EEOC’s complaint alleged that employees Leonard Lopez and Juan Campos were subjected to harassment based on their national origin (Mexican) and retaliation for complaining about it. The harassment included comments by a supervisor referring to employees as “wetbacks” and “s--cs” and telling Latino employees to “go back to Mexico.” Lopez was born and raised in Glendale, Ariz., and had 20 years of service with Wheeler Construction at the time of the harassment. When Lopez complained to management about the harassment he was fired.

Campos also attempted to complain about the harassment and Wheeler failed to take any action to address it. After an EEOC investigation, the agency found that two additional employees alerted management of the discrimination and no action was taken.

Mary Jo O’Neill, regional attorney for the Phoenix District Office, said, “The fact that these employees work at a construction site is no excuse for the ethnic slurs that were used against Mr. Lopez and Mr. Campos.

N-W ventures, the owner of several restaurants in three states will pay $457,500 to settle a race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC had charged that N-W Ventures, LLC in Las Vegas subjected a class of African American employees to discrimination, including racial harassment and retaliation. The EEOC alleges eight black employees and other similarly situated individuals were forced to endure racist epithets and insults on many occasions. When some employees complained, managers retaliated against them by instructing supervisors to “get something on them, whether true or not,” and then firing them because of their race and as retaliation for the complaints.

Besides paying $457,500 to the discrimination victims, N-M Ventures LLC is prohibited from discriminating based on race, and from retaliating against any employee because he or she opposed discrimination. Further, the company must establish an appropriate and effective mechanism for handling complaints of discrimination, and provide training for its managers and employees with respect to the law against racial discrimination and harassment and retaliation at its Las Vegas facility.

Continue reading "Restaurant Chain $457,500 to settle EEOC race discrimination lawsuit " »

The U.S. Equal Employment Opportunity Commission ("EEOC") reached a settlement for $110,000 with TJX Companies Inc. (nyse: TJX - news - people ), which does business as Marshalls, T.J. Maxx and other stores regarding a sexual harassment lawsuit against a Marshalls store in North Carolina. The lawsuit alleged a male supervisor at a Marshalls store in Jacksonville of subjecting at least two women to unwelcome sexual comments, gestures and touching and that company management knew or should have known and failed to take corrective action.

A Hostile Work Environment existed as a result of the failure by management to take action to stop the sexual harassment. Once management is on actual notice of the sexual harassment, they must take steps to immediately stop the harassment--and they didn't.

In a statement, the company said the settlement isn't an admission of guilt but rather a decision that "enables the company to move forward."

Luis Patino, former employee of Birken Manufacturing Co., who claims damages under Connecticut's employment antidiscrimination law because he was subjected to severe harassment during his employment, including the widespread use of antigay names and slurs in his workplace had his day in court. A jury found in favor of Patino on his hostile work environment claim, and awarded him non-economic damages of $94,500. Connecticut's employment antidiscrimination law is similar to the Illinois Human Rights Act which prohibits discrimination because of race, color, religion, sex, national origin, ancestry, citizenship status (with regard to employment), age (40 and over), marital status, familial status (with regard to housing), arrest record, physical and mental disability, military status, sexual orientation and unfavorable discharge from military service.

However, Birken Manufacturing filed a motion to set aside that verdict, arguing that employers are not liable for antigay intimidation even though they are accountable for preventing other types of harassment in the workplace. Patino argues that what happened to him is employment discrimination and protected by the civil rights act of 1964.

Lambda filed a Legal's friend-of-the-court brief arguing that the verdict should stand because the state law prohibiting discrimination on the basis of sexual orientation protects workers against the kind of "hostile work environment" that Patino experienced.

Lambda Legal's brief urges the trial court to hold that Connecticut employers who permit a work environment that is hostile to gay and lesbian employees violate state antidiscrimination statutes, and seeks to ensure that the law is rigorously applied to ensure that employers understand their duty to protect gay employees - like other employees - from hostile workplaces.

Continue reading "Man Awarded $94,500 For Hostile Work Environment Claim" »

First Street Surgical Center, L.P. and First Surgical Partners, LLC agreed to pay $290,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC alleged that First Street Surgical Center, L.P. and First Surgical Partners, LLC subjected several female workers at their Bellaire, Texas, facility to a sexually hostile work environment and that First Street retaliated against women who complained about the unlawful conduct, which is retaliation.

According to the lawsuit a nurse who made a written complaint against the male supervisor was fired the following day and another woman was given a poor evaluation because she complained about the sexual harassment. Additionally, the male nurse made unwanted sexual advances and sexual jokes and innuendos to female colleagues and subordinates.

A former Seattle Municipal Court worker is getting $135,000 to settle a sexual harassment case involving a judge. According to the settlement agreement half the money will be paid by the taxpayers and half by Judge Ron A. Mamiya. The former courthouse worker is not identified in court documents and it appears the relationship started as a consensual affair last year. The former staff member, a mother of two, says Mamiya repeatedly made unwanted advances after they agreed to break off the affair-which constituted a hostile work environment.

In February 2008, the two began a sexual relationship, meeting at a hotel in Seattle and another hotel near Seattle-Tacoma International Airport, she said. He also visited her in her court office in the late afternoon and would kiss her and touch her sexually. Mamiya became jealous when he saw her talking to other men at work according to the Seattle Times.

Mamiya has been a Municipal Court judge since 1981. He released a statement acknowledging what he calls "my horrible lapse in judgment."

Continue reading "Seattle court sexual harassment case settled for $135,000" »

Four night-shift servers, Paula Michelle Clark, Sandy McEwen, Ina Cowan and Tammy Walker who worked at the Waffle House were awarded a $45,000 judgment against parent company SouthEast Waffles, LLC, for alleged sexual harassment by a night cook. The women also alleged that management did not take their complaints seriously and did not stop the harassment. The complaint was filed by the Equal Employment Opportunity Commission ("EEOC") and alleged sexual harassment, a hostile work environment and retaliation.

A federal judge in the company's Chapter 11 bankruptcy action ordered SouthEast Waffles to allow the discrimination claim filed on behalf of the women to continue despite the bankruptcy action by the company. Under terms of a three-year consent decree, SouthEast Waffles cannot subject women employees to sexual harassment, and it must undertake anti-discrimination training, as well as report to the EEOC any similar complaints during the agreed-upon consent period.

The four women claim cook and third-shift boss John Norman touched them inappropriately, made unwanted sexual advances and requests for sexual activity.

Discrimination claims filed with the U.S. Equal Employment Opportunity Commission ("EEOC") last year rose to the highest in the agency’s 44-year history. Many believe this is a result of last years Supreme Court ruling that changed the way complaints may be filed. The EEOC said 95,402 claims were filed during 2008 which represented a 15 percent increase from 2007. Of the EEOC's total claims more than 25 percent contained an allegation of age discrimination while more than 34 percent included complaints of retaliation.

Last year, the U.S. Supreme Court ruled 7-2 that workers need not file a formal complaint with the EEOC before suing an employer for age discrimination. The EEOC said it recovered $376 million for claimants last year as it filed 290 new lawsuits and resolved 339 suits and 81,081 non-litigation claims.

“Older workers generally cost more,” consequently, they’ve become job-cut targets, said the lawyer, a principal of Hannafan & Hannafan Ltd. “The companies are probably discriminating.”

Filing a discrimination claim can be a job-defense tactic, Sternberg, a partner at St. Louis-based Thompson Coburn LLP, said. “The law doesn’t have a fairness requirement, one has to translate that feeling of unfairness to unfairness based on a protected characteristic,” such as age reports bloomberg.com

Continue reading "Age Discrimination Claims Highest In History According To The EEOC " »

The EEOC filed a lawsuit against HD Supply alleging that a secretary suffered repeated sexual harassment , retaliation and gender discrimination including sexually explicit language, unwelcome sexual advances and inappropriate touching. The EEOC claims HD Supply retaliated against the woman for complaining about the sexual harassment, was aware of the sexual harassment, and failed to take adequate steps to stop or prevent the sexual harassment.

Sex-based harassment and retaliation violate Title VII of the Civil Rights Act of 1964. The EEOC filed a lawsuit in U.S. District Court for the District of Wyoming, after first attempting to reach a voluntary settlement. The EEOC is seeking back pay, compensatory and punitive damages and an injunction enjoining HP Supply from engaging in further discrimination, harassment or retaliation.

"Employees should be able to enjoy a work environment free of sex-based harassment," said the regional attorney for the EEOC's Los Angeles District Office, Anna Park.

HD Supply is a leading nationwide wholesale supplier of building materials and has over 2,800 employees nationwide.

Joni Kane, the Vineland New Jersey School district's public information assistant, alleged she was placed in a hostile work environment, denied appropriate promotions and pay increases, and sexually harassed by John Sbrana and the school district.

According to the lawsuit, Kane joined the communications office in December 1997 as a part-time clerk after being interviewed by Sbrana. A month into Kane's employment, Sbrana began making sexual advances toward her and sent suggestive e-mails to her private account. Several times during 1998, Sbrana made excuses to show up at Kane's home after hours. Kane claims in retaliation for spurring Sbrana's advances she was told she would be working holidays, evenings and weekends without overtime.

Most board members object to how the sexual harassment case was handled from the moment it was first reported in 2006 through the subsequent legal investigation, according to the DailyJournal.com

Winery owner Dick Niner testified at the sexual harassment trial that sexual advances from Tammi Herron a former employee alleging he sexually harassed her never happened. Pam Niner, Dick's wife also testified that Herron used her “feminine wiles” to advance in their Paso Robles-based company, and that Herron acted in a pandering manner toward her husband when she visited the couple at their Jackson Hole Wyoming home.

Herron’s lawsuit alleges that Pam Niner and Mike Musso, general manager for Niner Wine Estates, tried to force her out of her job when Pam Niner realized her husband had more than a professional interest in the employee. Herron only worked four months as a sales representative before resigning and filing her lawsuit. Herron claims Dick Niner told her he loved her while they were at the bar of the San Luis Obispo restaurant Koberl at Blue. She also alleged he tried to negotiate to see her more frequently, and then later kissed her with an open mouth twice in her car as she dropped him off at the Niner Wine Estate office.

“The events didn’t happen. … I’m loyal to my wife. I have been for 37 years,” Niner said.

Pam Niner said Herron was one of those women who too often use their feminine wiles to get jobs and advancement.

Herron claimed in her lawsuit that her work environment changed and became a hostile work environment after she stayed as a guest in the Niners’ Wyoming home. Dick Niner paid for her and her children’s round-trip flights, sponsored Herron’s daughter at a Wyoming summer camp and offered Herron a place to stay for a week.

A federal jury of seven men and two women awarded Dr. Sagun Tuli, a Brigham and Women's Hospital neurosurgeon, $1.6 million in her sex discrimination lawsuit against the hospital and against the chairman of her department, Dr. Arthur Day. According to the jury Tuli was subjected to a hostile work environment at the hospital where she has worked for more than six years and the hospital retaliated against her for complaining about the hostile work environment.

Tuli said Day continually made demeaning statements to her while she was operating, telling her during one surgery in May 2007,

"You are just a girl. Are you sure you can do that?''

The lawsuit was filed in December 2007 in Boston case number 2007cv12338.

Burger King Corp. will pay $85,000 to settle a sexual harassment lawsuit filed on behalf of Kathleen Joyner a North Carolina woman who was harassed by her general manager, accoding to the U.S. Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit Joyner complained to her assistant managers, who failed to take action. The lawsuit was filed under Title VII of the 1964 Civil Rights Act.

The settlement with the EEOC requires Burger King to review their anti-sexual harassment policy with all new employees and provide anti-harassment training to all managers and shift coordinators at the Clemmons restaurant and at the Winston-Salem Burger King where Joyner's general manager was transferred.

Continue reading "Burger King Avoids The Whopper and Only Pays $85,000 To Settle Sexual Harassment Lawsuit" »

Ann Marie Spagnola, a former secretary in the Morristown mayor's office settled a federal sexual harassment lawsuit for nearly $1 million. Spagnola filed suit in 2005, alleging she was subjected to a hostile work environment by being exposed to sexually explicit materials on office computers.

Spagnola, in a lawsuit filed in 2005, charged she encountered several sexually inappropriate situations that violated her civil rights, causing her to suffer depression, emotional distress and humiliation. In exchange for the payment,
But Spagnola's attorney, Lisa Manshel of Millburn, said Monday

"that the case sends a message that employers have an obligation to control employees' use of computers"

The settlement included no admission of guilt. Spagnola agreed to withdraw claims against former Mayor Jay Delaney, former administrator Eric Maurer and former assistant counsel Michael Rich. Delaney has questioned the merits of the case.

Continue reading "Secretary Settles Sexual Harassment Case for Almost $1 Million" »

Brenda Keys, a Florida attorney filed a complaint against the State Attorney’s Office for the 14th Judicial Circuit, on allegations of sexual harassment, hostile work environment sexual harrassment, and retaliation. These allegations regard specific incidents between Keys and former State Attorney, Steve Meadows. Keys claims that Meadows demoted her and cut her bonus in half once he learned she was helping other co-workers file sexual harassment complaints against him. According to the report, Meadows says Keys’ work was poor. However the Florida Human Relations Commission findings claim that a recent review rated Keys as stellar.

One of the findings relating to hostile work environment sexual harassment includes allegations of Meadows having sex with an employee in his private office. The commission says Meadows had no credible evidence to refute these allegations. Steve Meadows told News 13 he and the woman involved in this situation dated for a brief period in 2005, it was a consensual relationship with a history of more than 10 years and that she has not filed any complaints.

Stephanie Chiafos, a former employee of St. Paul restaurant supplier Restaurant Depot has accused two of her former supervisors of sexual harassment in an eleven page lawsuit filed in federal court. The lawsuit alleges that when one supervisor, John Ruhulessin was fired after having a number of complaints made against him by female employees, the man who temporarily replaced him , Tommie Brown continued the sexual harassment. Chiafos alleges the replacement supervisor even sexually assaulted her while on the job.

According to the lawsuit, the company did not take the accusations being made against the first supervisor serious until Chiafos hired an attorney. The lawsuit was filed under Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act and based on negligent supervision and retention. The Minnesota Human Rights Act is analogous to the Illinois Human Rights Act.

The lawsuit alleges that Brown put his hand down the front of Chiafos's shirt, touched her breasts, and made propositions for oral sex. In fact, according to the lawsuit, on the day Brown fired Ruhulessin for his inappropriate sexual comments, Brown told Chiafos

"blow him for lunch" because he had a bad headache from having to fire Ruhulessin.

A complete copy of the lawsuit is available by clicking on 09-cv-00499

Continue reading "Sexual Harassment Lawsuit Filed Against Restaurant Depot" »

Five former employees of Grizzly Jack's Grand Bear Lodge in Utica Illinois, Leno Campbell, Suzanne Czarnecki, Michael DeLap, Mark Low and Lisa Meyers filed a lawsuit in federal court claiming sexual harassment, racial discrimination and gender discrimination. The lodge's owners are Joseph Hook, Keith and Susan Wolick. The lawsuit also alleges the owners fostered an environment in which sexual harassment of female employees by the male owners was common.

Campbell, an african-american, was the lodge's director of housekeeping and is claiming the owners discriminated against him because of his race including that Wolick often made remarks critical of blacks to other employees and to Campbell himself. Czarnecki the former resort's revenue manager, and Meyers a former reservationist are claiming they were discriminated against because they were women and also allege Hook made sexual remarks and committed assault and battery against them, in that he made physical contact of a sexual nature without their consent.

The resorts attorney Mike Moody had this to say about the lawsuit:

"After an exhaustive investigation by the (Equal Employment Opportunity Commission) in which Grand Bear cooperated and steadfastly defended against these false charges, the EEOC terminated its investigation and filed no charges against Grand Bear. Grand Bear has every confidence that it will be vindicated in a court of law and denies that it discriminated against anyone in any way."

However, Plaintiff's attorney Erika Pedersen responded by stating:

““The EEOC terminated its investigation of the claims against Grand Bear only because we, the plaintiffs, asked it to. We wanted to advance the litigation to federal court so we asked the EEOC to issue our clients their Notices of Right to Sue, which it is obligated to do. The EEOC made no finding either way and nothing about that process can or should be interpreted as a reflection on the merits of the claims or defenses. The allegations are very disturbing and serve as a reminder that sexual and racial harassment are still significant problems for many employees in this country. Each of our clients hopes that by bringing these claims, the working environment becomes better for current and future employees of Grand Bear and elsewhere.”

By way of background victims of discrimination must first file with the EEOC before they can file in court. In this case it was the intention of the Plaintiffs to proceed to federal court rather than wait for the EEOC to complete its investigation, which can take years. The Plaintiffs fulfilled their obligation by filing charges first with the EEOC and once they exhausted the administrative process, proceeded to court by filing their lawsuit.

Continue reading "Discrimination Lawsuit Filed Against Grizzly Jack's Grand Bear Lodge " »

The Equal Employment Opportunity Commission ("EEOC") alleged that Big Vanilla Athletic Club violated federal law specifically the Civil Rights Act of 1964 by sexually harassing several female employees at several of the company's Maryland locations. According to the lawsuit the women were subjected to repeated and unwanted sexually offensive remarks and sexual advances as well as retaliation for filing their sexual harassment complaints with the EEOC.

As part of the settlement, Big Vanilla Athletic Club must train current and future managers on anti-discrimination laws and post notices stating its commitment to maintaining an environment free of sexual harassment and retaliation.

Two months after Costco was ordered to pay $420,000 to Juan I. Valera, a gay and HIV-positive employee who was subjected to a hostile work environment, the man sued Cosco again Tuesday, claiming Costco failed to reinstate him as a photo manager which is an act of retaliation because of the jury award and because of his sexual orientation.

On Dec. 3, a jury found that Valera endured a hostile work environment at the Inglewood warehouse and awarded him $420,000 plus $471,240 in attorneys' fees, and another $39,540 in costs. The case started when a new general manager, John Weaver, arrived at Cosco in 2005 and casually used the word "queers" in a statement. Valera took a leave of absence because of the stress, and when he returned asked the assistant general manager to protect him from further insensitive remarks. Instead his work load was doubled and his pay was cut.

Valera was forced to take a second continued stress leave and was demoted to cashier. He was later stripped of his benefits and left with no health insurance. At one point other employees made a video making fun of Valera.

The tape begins with one employee stating to another employee, Carlos Taylor:

"Carlos, I have a dilemma; next Friday is my Auntie Juan's bar mitzvah. He is a transsexual."

An unidentified woman in a recent lawsuit said a Las Vegas' Robertson High School computer technician requested sexual favors and the school district didn't do anything about it. Superintendent of schools Richard Romero said the former superintendent Pete Campos who is named in the lawsuit investigated the matter and the technician, Pete Garcia, was disciplined. The sexual harassment lawsuit also alleges Garcia drove the bus for the softball team and leered at girls while they were changing. Garcia still works for the school district.

This school district was the subject of a few other incidents of sexual harassment within the last year. After a summer football camp, six students were accused of sexually assaulting younger teammates. Not long after that two school employees were accused of separate sexual harassment incidents according to KOAT.com. In the most current lawsuit, the former educational assistant quit after being subjected to the sexual harassment and after the school did not stop it. This is called constructive discharge.

"All I can do is sit down with him and say you've been warned and if it happens again, you'll be terminated and we've had that conversation,” Romero said.

That response from Romero does not seem adequate enough for the woman who filed her sexual harassment claim. In Illinois sexual harassment at an educational institution, also known as school sexual harassment is Illegal. The educational institution is required to stop the sexual harassment when it becomes aware of the sexual harassment.

According to government statistics, in the last ten years the number of retaliation charges filed with the Equal Employment Opportunity Commission ("EEOC") have increased by 33%, while other charges filed with the EEOC have only increased 2.5%. Under federal law (Title VII), retaliation occurs when an employee is fired or has his/her terms and conditions of work changed as a result of making a formal complaint of discrimination. Title VII also protects those individuals who testify, assist or participate in an investigation of illegal activity or those who oppose unlawful employment practices.

In a recent United States Supreme Court case, CBOCS West, Inc. v. Humphries, 128 S. Ct. 1951 (2008), an employee alleged he was terminated for complaining to management that a black co-worker had been fired for racial reasons which amounted to racial discrimination. The Court concluded 7-2 that if this allegation were true it was actionable and that retaliation claims are included under 42 U.S.C. § 1981.

The important point in this case is that when filing a Title VII race discrimination charge, always include a retaliation charge as well because even if the race discrimination charge is unsuccessful, the retaliation charge may succeed and if it does, there will not be any caps on the liability to the employer.

Robertson Sanitation, a Phoenix-based trash hauling, recycling and disposal company that operates in Georgia, will pay $475,000 to settle a sex discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC").

According to the lawsuit, Jeanine Moore applied for a truck driver position with Robertson at its Winder, Georgia facility in August 2005, was never interviewed or hired even though she was more qualified than a number of male applicants who were hired. A review of the job applications at that location between January 2005 and September 2006 showed that some of the men hired were less qualified than Moore, including six males who lacked Robertson's minimum qualifications for the truck driver position. The EEOC's investigation revealed a class of similarly qualified women who, like Moore, were also rejected despite their qualifications.

The consent decree (the term used when the EEOC settles a lawsuit) provides $475,000 in monetary relief to the class of qualified female applicants who were discriminatorily rejected for employment between January 1, 2005 and October 31, 2006. Moore will receive $70,000 in damages, while the remaining funds will be distributed among the other qualified claimants whose eligibility will be determined by a procedure set forth in the decree.

Additionally the company agreed to exercise good faith in offering employment to qualified female applicants for residential, commercial, industrial and roll-off truck driver positions at the Winder and Austell facilities and the company is also required to submit a report each year identifying the name, sex and qualifications of all qualified applicants for truck driver positions, the persons offered positions, and the persons hired.

Janet Bianco, 55, a nurse at New Yorks Flushing Hospital said she suffered prolonged torment at the hands of Dr. Matthew Miller, ending when he sexually assaulted her at Flushing Hospital in 2001. A jury awarded her $15 million after finding that hospital leadership allowed Dr. Miller who had a history of sexual harassment to continuously harass Bianco. This was the largest sexual harassment award ever in New York.

According to the testimony, Dr. Miller forcibly grabbed Bianco at a cardiac unit nursing station and tried to force his tongue down her throat while the hospital's medical director, Dr. Peter Barra, saw the attack but did nothing to intervene or discipline Dr. Miller. The medical directors reluctance to intervene is a form of retaliation. In another instance Dr. Miller chased Bianco through the halls until he cornered her in a room with two heavily sedated patients, where he aggressively groped her below the waist.

"I only hope out of this whole thing that people become aware. I think that people take it lightly when you say sexual harassment. They don't understand how it affects your life, not only in your job, but in your home, with your friends," Bianco said.

Following Miller's attack on Bianco, the misconduct board from the Office of Professional Medical Conduct suspended Millers license for two months and slapped him with another three years' probation. Miller's admitting privileges at Flushing Hospital were also withdrawn.

Continue reading "Nurse Awarded $15 Million in Sexual Harassment Case" »

Former police Sgt. April Begin, who filed a lawsuit against the city in 2007 in which she alleged her fellow officers made sexual remarks and refused to back her up in dangerous situations because they resented working with a woman was settled with the city of Dearborn. The lawsuit was based on sexual harassment, gender discrimination and retaliation. As part of the settlement she will receive a pension of $57,000 a year for life with full medical benefits, $60,000 in retroactive pension benefits dating to April when she was relieved of her duties without pay, plus $60,000 cash.

The city of Dearborn, which was named as the primary defendant in each of the cases maintained its actions in regards to the officers were lawful and nondiscriminatory but claims it settlemented all three cases because it was in the best interest of the city and police department citing the cost of settling the cases on the terms agreed to by the parties was less than the cost of moving forward with the litigation. Additionally, two of the defenses key witnesses died before trial and that weakened the defense planned by the city.

"It's not sexual that way, like sleep with me or anything like that, it's just that I'm the weakest link because I'm a female kind of thing," Begin said

Continue reading "Former Female Police Officer Settles With City On Case Involving Sexual Harassment, Gender Discrimination and Retaliation" »

Update from a story appearing in this Blog on February 3. San Diego firefighters John Ghiotto, Chad Allison, Jason Hewitt and Alexander Kane who were ordered by their supervisor to appear in the city's 2007 homosexual "Pride Parade" were awarded $34,000 total for emotional damages from the event, where they were sexually harassed.

The men were sexually harassed through lewd cat calls and obscene gestures at the event, which was replete with sexual displays and graphic images. After complaining to superiors the men suffered from retaliation. In once instance the men were told if they did not march in the parade they would be disciplined according to the World Net Daily.

According to the men,

"While moving down the parade route we were subjected to verbal abuse, (show me your hose, you can put out my fire, give me mouth to mouth, flick you fireman) sexual gestures, (showing their penis, blowing kisses, grabbing their crotch, rubbing their nipples, tongue gestures, flipping us off)."

Continue reading "Update: Firefighters Awarded $34,000 In Sexual Harassment Case" »

According to the lawsuit Captain Ed Murray, 63, sent an explicit text to 29-year-old Rachel Quinn after they travelled together on a business trip. Quinn said she was reading a book in her hotel when she received the message in which Murray said:

"I cannot wait for you to go down on me."

Quinn said she was unfairly fired from her job with the private charter jet company Gama and that she had been a victim of sexual harassment and retaliation. Tribunal chairman Keith Bryant rejected both of Quinn's claims saying the court could not consider the sexual harassment claim because it had been made more than three months after the alleged incidents.

This was a United Kingdom case, in Illinois an employee has 180 days to file a sexual harassment complaint with the Illinois Department of Human Rights or 300 days to file a complaint with the Equal Employment Opportunity Commission. As you can see from the case above, waiting too long can be fatal to a good case.

Murphy Ford Inc, a car dealership located in Chester, Pennsylvania, will pay $244,000 to settle a Title VII of the Civil Rights Act of 1964 ("Title VII") sexual harassment and retaliation lawsuit, filed by the US Equal Employment Opportunity Commission ("EEOC"). The EEOC alleges that Murphy Ford sexually harassed three female employees and fired one woman for complaining about the unlawful harassment--which constituted retaliation.

According to the lawsuit which was filed in the U.S. District Court for the Eastern District of Pennsylvania, the dealership's service manager sexually harassed Cynthia Bell and other female employees in the service department which included sexually explicit comments, references to oral sex and grabbing his private parts in their presence. Bell repeatedly made complaints to the owner and dealership management, however, Murphy Ford did nothing to stop the harassment and retaliated against Bell by suddenly firing her.

According to Debra Lawrence according regional EEOC attorney:

"This case should remind employers that they have an obligation to take prompt and effective measures to stop harassment in the workplace. If the employer instead does the wrong thing and terminates an employee who complains about harassment, then the EEOC will take action."

Continue reading "Car Dealership Pays $244,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit" »

The City of Concord, located in Silicon Valley, California settled a sexual harassment lawsuit filed by two former female police officers, who alleged they were discriminated against by male police officers. As part of the settlement the city agreed to pay Denise Dale $250,000 in damages, plus $50,000 in workers' compensation. The second woman, Kristyn Thurmond, will not receive any money under the terms of the settlement.

The sexual harassment lawsuit filed in Contra Costa Superior Court alleged that Dale and Thurmond suffered severe and continuous gender-based harassment and encountered a work environment rife with hostility toward female police officers and that they suffered retaliation for reporting the alleged conduct to superiors. Dale and Thurmond quit their jobs at the Concord Police Department as a result of the harassment and retaliation. They both allege in their lawsuit that higher-ranking officers including Brentwood City Councilman Brandon Richey had sexually explicit conversations in front of them, passed them over for choice assignments with the police department and punished them based solely on their gender.

Thurmond said she was accused of being a coward and was told that she was a poor officer.

Thurmond began working for the police department in 2001 and alleges that a Concord officer took an "inordinate and unwelcome personal and romantic interest" in her in 2002, when he was her field training officer, according to the Mercury News. Thurmond moved to a different squad in 2005, and left the police department in 2007.

Continue reading "Silicon Valley City Settles Sexual Harassment Case for $300,000" »

Tom Sobocinski a UPS worker since 1986 filed a sexual harassment lawsuit against his supervisor Russell Ford. In his lawsuit, Mr. Sobocinski alleges Mr. Ford engaged in a long pattern of sexual harassment and sexual abuse at the UPS warehouse, and that the misconduct was condoned by Ford's manager, Ronald Draper who was present when Mr. Ford used sexually inappropriate language.

“UPS sends out these policies of zero tolerance of sexual harassment, but it apparently doesn’t apply to everyone,” Mr. Sobocinski said. “If I or any Teamster said what he said, we’d be fired and escorted out of the building.”

According to the lawsuit Mr. Ford repeatedly made sexually inappropriate comments to Sobocinsky and other employees throughout 2004 including when Mr. Ford complimented Mr. Sobocinski’s posterior and crudely proposed a related sexual act, Mr. Sobocinski said. Another time, Mr. Ford rubbed a piece of paper against his posterior and threw it at Mr. Sobocinski, he said. He said his supervisor has repeatedly made sexually suggestive comments to both men and women, has called male employees “faggots” and regularly touched people in a sexual manner according to the Worcester Telegram.

According to Sobocinski, since filing the lawsuit, he’s been retaliated against by UPS. As an example Sobocinski claims when he takes his wife to doctor appointments, he use to be able to take two or three hours off from work, now UPS makes him use an entire day for the same appointment.

Continue reading "UPS Worker Claims Male Supervisor Sexually Harassed Him" »

The Illinois Supreme Court in Blount v. Stroud addressed the issue of whether or not Illinois courts have jurisdiction to hear claims brought under the Federal Civil Rights Act. In that case the Court held that employees are not required to file a claim with the Illinois Human Rights Commission even if the alleged conduct also violates provisions of the Illinois Human Rights Act. In this case the cause of action was based on retaliation.

Additionally, a claim by a former employee that she was fired for refusing to commit perjury
states a cause of action for retaliatory discharge under Illinois law. The Court went on to say that because a jury found for the plaintiff on a 42 U.S.C. 1981 claim and awarded damages in excess of $3,000,000, the trial court was justified in awarding attorneys’ fees under federal law in the amount of $1,182,832--basing their decision on the fact that the plaintiff prevailed on her claim.

Lorraine Fitzpatrick an employee in the Islip Town Clerk's office has filed a sexual harassment complaint against Town Clerk Regina Duffy alleging that Duffy touched and kissed her, then penalized her when she objected. In a court document dated Dec. 19, 2008 Fitzpatrick said that Duffy had sexually harassed her with "unwelcome sexual touching, kissing, and rubbing." Additionally Duffy retaliated with "poor performance evaluations, suspensions without pay, the taking away of vacation time and salary, increased supervision and a demotion of position responsibilities."

A second employee, Diane Colletti, filed a complaint with the U.S. Equal Employment Opportunity Commission ("EEOC"), alleging that Duffy, 60 has been pushing out older female employees, according to Colletti's attorney, Eden Mauro of Syosset. This would be a form of age discrimination.

Former Copia employee Crystal Tynan alleged that she had been sexually harassed by Copia’s former Director of Operations Art Ferretti and filed a sexual harassment lawsuit in Napa County Superior Court. Tynan simultaneously filed an arbitration claim, Tynan v. Copia, et al 26-40825 making the same allegations. Tynan and Copia agreed to settle the lawsuit for $250,000, with Copia making no admission of liability.

To throw a monkey wrench into the settlement, Copia filed for protection under Bankruptcy two weeks after the settlement and therefore the settlement was on hold pending approval of the Bankruptcy court. Yesterday U.S. Bankruptcy Court Judge Alan Jaroslovsky ruled that Copia’s liability insurance company can pay the $250,000 settlement ending the sexual harassment lawsuit.

Copia was a non-profit discovery center whose mission was to explore, celebrate and share the many pleasures and benefits of wine, its relationship to food and its significance to our culture. Copia opened in 2001 and closed in November 2008 with debt of nearly $80 million.

Continue reading "Copia Settles Sexual Harassment Lawsuit For $250,000" »

Vicky Crawford, who testified in her employer’s internal investigation of a sexual harassment charge is protected against retaliation under a federal civil rights law, the Supreme Court ruled in Crawford v. Metropolitan Government of Nashville and Davidson County Tennessee a 9-0 decision. Crawford had been a payroll coordinator for more than 30 years for the public school system in Nashville and Davidson County in Tennessee. In 2002, several female employees complained of sexual harassment by Hughes,the school district's employee relations director. The assistant director of human resources began an investigation and interviewed several employees who worked with Hughes, including Crawford. Crawford told the assistant human resources director that Hughes asked to see her breasts on numerous occasions, grabbed his genitals in front of her and once pulled her head toward his crotch.

The investigation did not result in any disciplinary action against Hughes. A few months after taking part in the investigation, Crawford was suspended and then fired. Two other women who complained about sexual harassment by Hughes also were fired. This constituted retaliation according to the lawsuit.

Supreme Court Justice David Souter, writing for his colleagues, argued that the lower courts erred in ruling that Crawford was not protected because she did not “oppose” Hughes’ harassment, as her colleague who formally filed the charge did. Rather, the courts said Crawford was just answering questions

Souter said Crawford was covered by the law because she had actively opposed the sexually obnoxious behavior by Hughes toward her, a decision that allows her lawsuit to go forward even though she didn't make the initial sexual harassment complaint.

Continue reading "U.S. Supreme Court Protects Sexual Harassment Witness From Retaliation" »

A jury in Simi Valley initially awarded James Stevens $18.4 million in compensatory and punitive damages in a sexual harassment lawsuit in October 2006. But the presiding judge later reduced the damages to $2.4 million. The award was appealed and the California Second District Court of Appeal upheld a jury’s reduced $2.4 million award plus $750,000 in attorney fees to Stevens in the sexual harassment case against the Vons supermarket chain.

Stevens worked for the supermarket chain for 25 years, including 15 years as an inventory clerk, where he proved that a female manager sexually harassed him on numerous occasions. Stevens complained to the company about the sexual harassment, but instead of taking action against the management employee, Vons fired him, which resulted in Stevens filing the sexual harassment and retaliation lawsuit. Stevens was represented by high-profile attorney Gloria Allred.

Stevens testified he was subjected to daily sexual harassment by the manager. In addition to making sexual remarks, she once simulated sex with a feather duster.

Continue reading "$2.4 Million Sexual Harassment Award Upheld on Appeal" »

A lawsuit reported in this Blog on December 28,2008 has an update. Two women, Cindy Stankoski and Vanessa Stoud who filed a sexual harassment lawsuit against the former attorney general agreed to accept $247,500 each, or $495,000 total to settle their sexual harassment lawsuit. As a condition of the settlment both agreed to resign from the Attorney General's office.

Stout and Stankoski filed complaints against a manager hand-picked by former attorney general Marc Dann, alleging sexual harassment. An internal investigation substantiated the complaints and prompted the firing of two employees, the forced resignation of a third and a legislated investigation by the state's inspector general which resulted in the settlement. The two women initially sought more than $400,000 each to settle the lawsuit but all parties believe the settlement is fair and puts to rest a sad chapter at the attorney generals office.

Continue reading "Update: Two Women Settle Sexual Harassment Lawsuit For $495,000" »

The state of Washington agreed to pay $800,000 to three women to settle a sexual harassment and discrimination lawsuit against the Department of Labor and Industries. Two of the women, Linda Bang and Janis Fleming, remain at the office. The third, Mercy Fernandez-Figueroa, left the job because of the stress of the harassment. According to the lawsuit Phillip Scott, a co-worker of the women, and Carter Mitchell, a supervisor, harassed and intimidated the women. In addition their manager, Gail Hughes, retaliated against the women according to the lawsuit. The three women reported their concerns to upper management and then Hughes their manager branded them as troublemakers, took away their job privileges, and criticized job performance despite no change in performance according to the News Tribune.

In the lawsuit the women claim the harassment began with Scott and Mitchell making sexual comments, sexual gestures and giving disparate treatment to them. The lawsuit claims Mitchell made unwanted contact with Fernandez-Figueroa as he would rub his genitalia on her leg during an unwanted hug and dry-humped her chair while she sat in it. Additionally, Fernandez-Figueroa reported an e-mail from an unnamed co-worker denigrating her ethnic background, and when she complained to management was told she had to expect that because she was the office’s token Hispanic--which would constitute racial discrimination.

Continue reading "Tacoma Department of Labor & Industries Settles Sexual Harassment Case for $800,000" »

A sexual harassment lawsuit was filed by Lindsey Yeager against the University of Pittsburg Medical Center ("UPMC Horizon") claiming gender bias, sexual harassment, wrongful termination and retaliation. Yeager was a nurse when an unnamed doctor pressured her to date him in and then to have sex with him. Yeager agreed to have sex because the doctor said her career would suffer if she didn’t, she alleges.

Yeager said she complained about the sexual harassment to her supervisors and tried to break off the relationship, but the doctor assaulted her. She claims the sexual harassment not only continued but got worse and the doctor had her supervisor issue written reprimands and criticize her without justification-which is retaliation. Yeager was fired six months after she claims she began to have sex with the doctor.

UPMC said the relationship with the doctor was consensual, and it was the doctor who tried to end the relationship. UPMC also claims Yeager falsely claimed to be working when in fact she was attending classes in Pittsburg and that she never reported sexual harassment allegations until her job performance was being negatively evaluated.

Continue reading "Sexual Harassment Lawsuit Filed Against The University of Pittsburg Medical Center" »

A sexual harassment lawsuit was filed by Crystal Neely, a former employee of McDonald’s alleging the fast-food giant allowed the sexual harassment to occur while she was working as a cashier at the restaurant on Southwest Lost River Road in Stuart Florida. Neely claimed she was hired as a cashier by McDonalds in February 2008 but soon after was subjected to sexual harassment and inappropriate behavior from a co-worker. She claims the co-worker grabbed her breasts, tried to kiss her and told her he loved her, according to the lawsuit.

Neely complained about the sexual harassment to management but no action was taken to protect her, she alleges. As a result of her complaint to management a hostile work environment continued to exist until she was terminated in May--which she claims was retaliation for filing the complaint.

Prior to terminating Neely, she was moved to a different McDonald's--and the move hasn't been fully explained. Neely claims the move was the first step in the retaliation process with the final step being her termination.

Continue reading "Sexual Harassment Lawsuit Filed Against Illinois Based McDonalds USA LLC" »

The Chicago office of the Equal Employment Opportunity Commission ("EEOC") had filed a civil lawsuit against dentist James L. Orrington in September 2007, claiming he had discriminated against 18 employees by subjecting them to sexual propositions, comments and improper touching, which amounted to sexual harassment. Orrington agreed to pay $462,500 to settle the lawsuit which claims he violated discrimination laws by sexually harassing workers and by forcing employees who wanted to keep their jobs to submit to indoctrination in the tenets of Scientology.

The lawsuit also claims Orrington violated employee civil-rights law by firing or taking other retaliatory actions against some employees who had complained about his behavior. Retaliation occurs when an employee is fired or has his terms and conditions of work changed as a result of making a formal complaint of discrimination. Additionally, federal law also protects those individuals who testify, assist or participate in an investigation of illegal activity or those who oppose unlawful employment practice.

A result of settling the lawsuit a consent decree was filed with the U.S. District Court for the Northern District of Illinois and calls for Orrington to pay $462,500 to the workers involved and enjoins him from further sexual or religious workplace discrimination. In the consent decree Orrington does not admit any admission of guilt however.

A sexual harassment lawsuit by former Robert Frost School Principal Deborah Nuzzi was dismissed by a federal judge in Illinois but Nuzzi plans to file an appeal that would keep her sexual harassment lawsuit against Bourbonnais Elementary School District 53 alive. Nuzzi claims school board member Rob Rodewald sexually harassed her and, after she complained of the sexual harassment, the school district retaliated against her.

Illinois U.S. District Court Judge Michael P. McCuskey said the sexual harassment allegations nearly violated court rules, "border on the sanctionable" and declared the retaliation claim "entirely without merit." The lawsuit alleges Rodewald touched Nuzzi on the shoulder on one occasion, then followed her into a hallway to ask "Deb, how are we doing, you and me? Are we OK?

The lawsuit also alleges a violation of the Civil Rights Act of 1964 in that the school district paid Nuzzi a lower salary than they paid her male counterparts. Nuzzi contends she was damaged in that she suffered humilation, stress, embarassment and lost wages among other forms of compensatory damages.

Continue reading "Illinois Sexual Harassment Lawsuit Filed by School Principal" »

A sexual harassment lawsuit has been settled between the U.S. Equal Employment Opportunity Commission ("EEOC") and defendants AmerTac Holding and American Tack & Hardware but the settlement involves no admission of guilt by the companies. The suit was filed by the EEOC in 2003 on behalf of 13 women and claimed that John Di Stefano, vice president of information technology at AmerTac, exposed female workers to pornographic images on his computer on a daily basis and called them derogatory names.

The lawsuit was initially filed by a pair of female employees after their claims of sexual harassment underwent a mandatory review by the EEOC, which enforces workplace anti-discrimination laws. According to the lawsuit Di Stefano and another company executive allegedly retaliated against the women for complaining about the sexual harassment. The EEOC reviewed the case and were shocked by what was presented to them.

The settlement between the EEOC and defendants AmerTac Holding and American Tack & Hardware involves no admission of guilt by the companies, but requires them to provide anti-discrimination training and information to employees on sexual harassment in addition to the monetary settlement of $325,000.

Continue reading "Sexual Harassment Lawsuit Settled For $325,000" »

A sexual harassment, retaliation and hostile work environment complaint was filed with the Equal Employment Opportunity Commision ("EEOC") and Texas Workforce Commission ("TWC") against Bill Fitzgerald the boss of Michelle Garza, a probation officer. The Illinois Department of Human Rights serves the same function as the TWC.

Prior to filing her sexual harassment complaint, Garza had been with the probation department for nearly 20 years. In her sexual harassment complaint she claims to be an excellent employee but was recently written up for official misconduct. In her write-up she's accused of speaking too loudly on the phone with her ex-husband and she believes the write-up was done in retaliation for filing complaints of sexual discrimination.

According to the complaint while a group of co-workers were out at a local restaurant,Chris Madrid's, Fitzgerald commented on Garza's open toe sandals, began rubbing her feet and made inappropriate comments like "you know what I like even better than breasts? Feet." He also allegedly said that short pretty hispanic women like Garza turn him on. Garza claims the comments and actions of Fitzgerald left her in fear and stressed out. This is the basis for her hostile work environment claim.

Garza is seeking $200,000 in damages and continues to work as a probation officer although she is close to meeting the requirements for retirement.

Continue reading "Sexual Harassment Accusation Against Top Law Enforcement Official" »

Sexual Harassment allegations were made by Sabrina Morris, the head of the Georgetown South Carolina's Building and Planning Department, against Mayor Wilson. Morris claims the mayor told her to perform a pole dance on the top of a new bar Beef O'Brady's that was being opened in town. Morris also claims Wilson touched her inappropriately which would also constitute sexual harassment.

According to the Equal Employment Opportunity Commission ("EEOC"), Sexual harassment can occur in a variety of circumstances, including but not limited to the following. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome. In determining whether harassment is sufficiently severe or pervasive to create a hostile environment, the harasser's conduct should be evaluated from the objective standpoint of a "reasonable person

In Fiscal Year 2007, EEOC received 12,510 charges of sexual harassment and payouts totaled almost $50 million to employees who were victims of sexual harassment.

Gender discrimination and a hostile work environment were alleged by Sgt. Valerie Scharfe who claims inequitable treatment as Hasting Minnesota's first female police officer. Scharfe will receive $105,000 and her attorney $25,000 after reaching a settlement with the city over alleged workplace harassment involving sexual harassment.

Although a sexual harassment lawsuit was never filed by Scharfe, the city wished to settle the case to avoid the risk of a long drawn out legal battle which could cost the city a large amount in legal fees, the potential for a large verdict against it and the bad publicity a lawsuit may bring. Both parties utilized mediation to help reach the settlement.

According to the Equal Employment Opportunity Commission "EEOC" the advantages of mediation are:
Fair and Neutral
Parties not the mediator have an equal say in the process and decide settlement terms. Saves Time and Money
Mediation occurs early in the process so legal fees are minimal.

Continue reading "Sexual Harassment Of Female Police Officer Settled for $105,000." »

A sexual harassment lawsuit was filed against American Apparel and its CEO Dov Charney by Mary Nelson who is one of three women who filed the sexual harassment lawsuit. In a recent deposition Charney claims he frequently drops his pants to show people his new product.

Nelson and the two other women claim the boss shocked and disgusted them with dirty talk and gestures, creating a hostile work environment. Nelson claims that in over a year and a half her boss made her work life miserable with unwelcome sexual comments and suggestive signals. She also claims retaliation as she was dismissed after she complained about the offensive conduct.

In his depostion Charney claims he called women sluts at work and that for months at a time he would have just underwear on while at work. At one point Charney even posted a video of himself in underwear on the company website but has since taken it down. Charney also claims that workers can have sex at work at long as they pick a private place where no one can see them. Former employees claim Charney was constantly talking about sex, talking about his own genitalia, talking about other people’s genitalia.

Continue reading "Sexual Harassment Lawsuit Filed Against American Apparel" »

A sexual harassment and discrimination suit filed by a former city employee Cynthia Rogers against the City of Elizabethtown and Mayor David Willmoth may be dismissed by a Judge in the U.S. District Court in Louisville. She claims that former Public Works Superintendent Bill Owen sexually harassed her from 2003 to 2004 and sexually discriminated against her from 2003 to 2007.

In the sexual harassment and discrimination lawsuit Rogers claims her supervisor acted under color of state law, deliberately and consciously engaged in adverse actions and retaliation against her which caused her to suffer injury that would likely chill a person of ordinary firmness from continuing to report other acts of sexual harassment or retaliation. She also claims the mayor’s actions violated her constitutional rights to freedom of speech, according to The News-Enterprise.

The city and mayor filed a motion to dismiss the lawsuit claiming Rogers was terminated for excessive absenteeism, which included using 900.25 hours of leave time between 2005 and 2007, frequently being late, and failing to appear without telling a supervisor. The city also claims that Rogers was wearing a City of Elizabethtown shirt, was intoxicated in a local restaurant at lunchtime and was warned about the incident and absenteeism.

Continue reading "Sexual Harassment and Discrimination Lawsuit Against Mayor May Be Dismissed" »

A sexual harassment and discriminatory promotion lawsuit alleging $15 million in damages was filed against former Warren County Sheriff Larry Cleveland and the Warren County Sheriff’s Department by two veteran female correctional officers, Michelle LeBarron and Cynthia VanDenburgh. The complaint alleges they were discriminated against due to their sex and that they were subjected to sexual discrimination, sexual harassment and inappropriate conduct by Sheriff Cleveland and the county.

The lawsuit was filed in U.S. District Court in Albany last May after first filing a complaint under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. Title VII applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations.

Here are United States Supreme Court cases that provide more information about Title VII.

Griggs v. Duke Power Co., 401 U.S. 424 (1971)
In a race discrimination case, the Supreme Court used “disparate impact” theory to analyze employment discrimination under Title VII.

Continue reading "Sexual Harassment Lawsuit Filed Against Warren County Sheriffs Department" »

A sexual Harassment lawsuit filed by female firefighter Stacy Conaway who claims she was sexually harassed by former Assistant Chief John Wagner and that department officials retaliated when the harassment was reported settled for $150,000.

Conaway also claims retaliation as a result of the reporting of the sexual harassment. Retaliation occurs when an adverse action is taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. The day after Wagner’s resignation, Conaway found a dent that looked like it was caused by a firefighters boot in her Chevrolet Tahoe that was parked in the Fire Department’s lot. Soon after reporting the harassment she received less-desirable job assignments--such as being moved from a firefighting position to administrative staff. This is a form of retaliation.

Soon after Conaway began work, she said that Wagner gave her unwanted gifts, including a negligee, a vibrator and an X-rated movie which she threw away. After not first reporting the incident two department captains told Conaway that she should report Wagner’s behavior, but Conaway said she was reluctant to do so because of possible negative consequences.

Then Wagner compared her breasts to the breasts of a woman taking the department’s physical agility test, and said the applicant must have used Conaway’s doctor--Conaway had breast augmentation surgery, and Wagner was aware of it. Conaway’s supervisor became aware of Wagner’s comments and reported them to city officials.

Continue reading "Sexual Harassment Lawsuit By Female Firefighter Settled for $150,000" »

A sexual harassment and retaliation claim was filed by Deputy Tax Collector Jacquelynne Williams against the city of Holyoke Massachusetts, claiming she was terminated in retaliation for filing a sexual harassment accusation against Tax Collector Robert F. Kane. The retaliation claim was filed with the Massachusetts Commission Against Discrimination, which is analogous to the Illinois Department of Human Rights, where a Illinois Sexual Harassment lawyer would file a similar claim in Illinois.

According to the sexual harassment and retaliation claims Ms. Williams and two other women were sexually harassed but it was Ms. Williams who was the one terminated not her harassor Robert Kane. In Massachusettes as in Illinois many times when a woman files a sexual harassment complaint or complains about sexual harassment she is retaliated against and ultimately her employment is terminated.

According to the newspaper the Republican in her complaint Ms. Williams claimed that Mr. Kane sent her sexually harassing e-mails and made sexual or demeaning verbal comments to her on several occasions in 2006 and 2007 which included demeaning remarks about co-workers, sexually suggestive e-mails, verbal descriptions of suggestive dreams, and comments about other employees.

Continue reading "Sexual Harassment Lawsuit Filed Against Massachusetts Tax Collector" »

A sexual harassment lawsuit was filed by firefighter Paulette Rork, 38, of Englewood in the Lee County Flordia Court system alleging the “intentional infliction of emotional distress and sexual harassment.” In Illinois attorneys can file sexual harassment lawsuits for similar actions.

Rork was employed by the Boca Grande Fire Department from 2000 until being “constructively discharged” in September of 2007. He first filed a claim with the U.S. Equal Employment Opportunity Commission ("EEOC") that was dismissed in February. The file was closed because the commission was unable to conclude that the information obtained establishes violations of the statutes. In Illinois just as in other states, the dismissal of a charge by the EEOC does not mean the case is necessarily over.

Rork is seeking $15,000 in lost wages, insurance and attorney’s fees as well as money for unspecified damages, gender discrimination and sexual harassment.

Continue reading "Sexual Harassment Lawsuit Filed by Firefighter" »

A sexual harassment lawsuit was filed by the city's only female truck driver for the sanitation department. In the lawsuit Lisa Fundberg-Carr, a truck dirver for Atlantic City since February 2006, claims she was sexually harassed by her supervisor Melvin Jones, whom she accuses of sending her obscene photos and making lewd comments and gestures. She also claims he pinned her up against the wall and tried to put his tongue down her throat.

In her lawsuit Fundberg-Carr alleges sexual harassment, sexual discrimination and a hostile work environment, and alleges Atlantic City failed to enforce policies relating to sexual harassment complaints in the work place. she reported the incident to Barbara Camper, the city's equal opportunity employment officer, but no action was taken against Jones. Additionally, in May 2006, Fundberg-Carr claims, Brian Williams her co-worker at the time made comments such as how does this feel between your legs while in training with her and that he sent her via her cell phone obscene photos of himself. While her complaint was pending Williams continued to harass her, calling her bitch among other names.

Fundberg-Carr reported the incident but alleges nothing was done in response to her complaint--other than to transfer her to a sweeper truck which was not within her certification. This is a form of retaliation, as retaliation occurs when an employee reports sexual harassment and then has a negative job action as a result of reporting the harassment.

Continue reading "Sexual Harassment Claim by Sanitation Worker Against Atlantic City" »

Auto parts retailer AutoZone agreed to pay $150,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). Illinois lawyers following the case will notice an upward trend in settlement amounts in these types of cases.

The EEOC had charged that an AutoZone store in Starke, Fla., subjected women to unwanted sexual language and fired one woman for complaining about it--which amounted to retaliation. In Illinois, retaliation is defined by the Human Rights Act.

According to the EEOC's lawsuit, a new manager at the store introduced himself on his first day of work using a crude and explicit sexual boast and the vulgar comments continued from there. The manager allegedly commented often on employees' breast size, shared details of his sex life and bragged that a customer offered him sex with his daughter in exchange for a certain auto part.

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A sexual harassment case in Ohio in which two women accused Anthony Gutierrez the general services administrator and friend of the former attorney general Marc Dann of sexual harassment rejected an offer of $200,000. The woman are seeking $900,000 to settle their sexual harassment lawsuit. The women Cindy Stankoski, and Vanessa Stout claim persistant sexual harassment which has cost them their jobs. Stout quit and Stankoski is on an extended leave.

According to a report involving the investigation of the sexual harassment, the rude, vulgar and abusive conduct of senior management, including the attorney general himself, created a hostile work environment and sexual harassment was tolerated. Additionally, Jennifer L. Urban, a staff attorney who had alleged sexual harassment by Gutierrez also and Dann's top spokesman, Leo Jennings III, was fired. The office rejected Urban's claims of sexual harassment.

To show how expensive sexual harassment lawsuits are to defend, Littler Mendelson, a law firm hired by Rogers' office to negotiate a settlement, has received $41,198 thus far, more than twice the amount originally budgeted, attorney general spokesman Ted Hart said.

The EEOC in the last ten years has been active in pursuing claims against employers who sexually harass or otherwise discriminate against employees. Below is a survey of the dollar amounts employees have been awarded in cases brought by the EEOC.
In 2007, companies paid more than $65 million in prelitigation EEOC settlements alone.

EEOC v. Parmalat Bakery Division of North America, Defendant, a New Jersey division of an international company headquartered in Italy, was charged wtih sexual harassment, retaliation, and constructive discharge. The complainant was a sales division manager and the only woman in an office of four male executives. She was subjected to unwelcome sexual advances, sexually explicit comments inappropriate touching and the showing of a pornographic video. She was awarded $300,000. Case resolved in 2004.

Kosen v. American Express Financial Advisors, Inc., A group of female financial advisors alleged that American Express Financial Advisors, Inc.engaged in preferential treatment of male advisors in mentoring, promotion, compensation, and work assignments in violation of federal law.

This was a class action lawsuit in which it is alleged that they experienced gender and/or age discrimination including, but are not limited to, career advancement, failure to hire as a Financial Advisor, distribution of leads and accounts, work assignments, promotion. They were awarded $31 million dollars. Case resolved in 2002.

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