Illinois Sexual Harassment Attorney Blog

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.

The Equal Employment Opportunity Commission ("EEOC") settled two lawsuits against Landwin Management, Inc. for $500,000. The lawsuits involved national origin discrimination and sexual harassment. According to facts in the lawsuit non-Chinese banquet servers were not hired based on their national origin. Apparently all the non-Chinese banquet servers who previously worked for the hotel were not hired back during the turnover and instead replaced with less qualified Chinese workers. The EEOC alleges that the majority of the replaced workers were Latino.

Additionallty, Landwin Management which managed the San Gabriel Hilton subjected female employees to sexual harassment. Allegations of sexual harassment included the housekeeping department supervisor calling the women prostitutes and whores. The women complained to management and nothing was done to stop the sexual harassment. You can see how much money this ended up costing the company--not much of a cost savings. The company also has to deal with the negative publicity.

“The days when employers make decisions based on stereotypes and assumptions shaped by the race or national origin of their employees should be far behind us,” said Anna Y. Park, the regional attorney for the EEOC.

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.

In Illinois if a person believes they have been subjected to sexual harassment then can file a complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). The following case illustrates one reason why I prefer to file a case with the IDHR as opposed to the EEOC. A federal judge ordered the EEOC to pay $4.56 million in attorneys' fees and expenses to a CRST after dismissing the EEOCs sexual harassment lawsuit. The EEOC filed a sexual harassment lawsuit against CRST on behalf of 270 female drivers. The drivers claim that CRST created a hostile work environment.

The problem for the EEOC was that a Judge ruled against the EEOC and in favor of CRST in a motion for summary judgment thereby dismissing the sexual harassment lawsuit. In federal court, a Judge can award attorney fees to a defendant who wins their motion for summary judgement thereby increasing the risk of litigation for a plaintiff. Another words, if you file a sexual harassment lawsuit in federal court and it is dismissed prior to a jury trial, a Judge could make you pay the attorney fees of the defendant, which in this case were a little more than $4.5 million.

Victims of sexual harassment should consider this ruling before deciding to undertake a lawsuit in federal court because of the potential for paying the attorney fees of the defendant. In Chicago average attorney fees for employment lawyers defending companies can range from $250-$850 per hour.

"The EEOC believes the court's decisions in the case were wrongfully decided and the agency will be appealing," said EEOC Deputy General Counsel James Lee.

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" »

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" »

The United States Court of Appeals for the Seventh Circuit held that a complaint filed with the Equal Employment Opportunity Commission ("EEOC") can be faxed instead of filed in person or through the mail. If you have a charge of discrimination, whether based on gender, race, religion or sexual harassment you have to file the charge within 180 with the Illinois Department of Human Rights ("IDHR") or 300 days with the EEOC. The IDHR has always allowed for complaints to be filed by fax but the EEOC never recognized fax filings. In Laouini v. CLM Freight Lines, Inc. the Seventh Circuit held that a receipt showing a fax was sent to the EEOC is sufficient to prove the date of filing.

It is always very important to remember that there are very strict time limits to filing a charge of discrimination. You must not procrastonate and let too much time slip away. In some instances an employer may drag out the internal investigation so that by the time you receive the internal findings of the company, more than 180 days has passed and you can't file a charge with the IDHR.

Continue reading "EEOC Complaints Can Be Faxed" »

U.S. Security Associates Inc. must pay Jamie Marks $2.4 million because she was sexually harassed at work. The sexual harassment lawsuit, filed in federal court claims that Jamie Marks was repeatedly propositioned by Chris Hargrove for sex. Additionally it was claimed that Hargrove inappropriately touched her. In a remarkable piece of testimony Marks claims that Hargrove masturbated in front of her. Marks made complaints to management about the incidents and nothing happened.

Another lawsuit is pending against U.S. Security Associates in federal court with six plaintiffs all alleging sexual harassment. This is a good example of what not to do if you are a company. Can you imagion that a supervisor is engaging in this type of behavior and the company does nothing to stop it. It turns out that this level of ignorance was costly to the company as they are $2.4 million dollars lighter.

"There was a level of arrogance on the part of the company," Haynes said. "They weren't going to do anything about Hargrove."

For city of Madison worker Monica Everson settled her sexual harassment lawsuit with the city of Madison for $235,000. Everson in her lawsuit claims she was groped and fondled over 500 times during the course of her employment. She claims the sexual harassment took place at the hands of her boss Robert D'Angelo who resigned after the claims were made.

Everson has been on disability after she came forward with her claims and as part of the settlement she will resign from the city payroll and the city maintains its denial of her charges. Many times as part of a settlement, the employer will deny that it did anything wrong. However, money doesn't just talk it swears and in this case the money would seem to indicate that the city felt there was merit to the claims of sexual harassment.

A female police officer who wishes to remain anonymous settled her sexual harassment and gender discrimination lawsuit against the city of Port Allen for $130,000. Although some details remain sealed some details include that on Dec. 4, 2006, the Equal Employment Opportunity Commission ("EEOC") issued a letter to the city stating that the Police Department had engaged in gender discrimination for disciplining an employee more harshly than other officers. The problems got worse and on Sept. 1, 2006 the EEOC issued a second letter asserting that the same employee was the subject of sexual harassment and the city failed to take appropriate action to correct the problem. This sealed the fate for the city.

In cases like this sometimes remaining out of the public spotlight is very important to the person who is the subject of discrimination. The fact that the EEOC issued two letters and the city paid $130,000 indicates that something wrong was taking place at the police department. It is important to hold those responsible by filing a complaint and following through with the process.

“I don’t totally agree with the settlement, but I understand that the council did what they felt was in the best interests of the city,” said Mayor Derek Lewis

Middlesex County will pay almost $1 million to settle a sexual harassment lawsuit filed by five female sheriff’s officers against the county and sheriff’s department. You can see by these numbers how expensive sexual harassment complaints can be. The settlement – reached last May – awarded $522,980 to Officers Laury Hamilton, Eileen Mazzei, Gail Decibus-Cuffe, Janet Martinez, and Donna Karlson. As part of the settlement, the county also agreed to pay $327,020 in legal fees.

According to details in the lawsuit the five women were subjected to sexual harassment by various members of the Sheriff’s Office. The workers who did the sexual harassment were supervisors and also co-workers. The county did not take the complaints seriously--I bet they do now. The county disputes the validity of the complaints and claims to be settling because of the high cost of litigation.

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.

Suzanne DesMarais settled her sexual harassment lawsuit with the County after allegedly being sexually harassed by Lt. George Titko.Titko was in charge of the police department and DesMarais was under his control and while under his contrrol DesMarais alleged Titko sent her sexually suggestive text messages and left sex toys on her desk. Additionally he photographed her backside and subsequently posted the photo on the wall of the department.
Many times text messages can make or break a lawsuit. It was a good thing that she retained the messages.

In these types of cases people in power sometimes believe they can do anything they want and no one can stop them. This should let everyone know who was honest and right in the claim. In a time when local governments are cutting budgets, this is a good deal of money and this settlement will not sit well with taxpayers but the county has no one to blame but themselves.

"The (officers) of the department have stood by me and supported me through this whole process," said DesMarais "They backed me up 110 percent while I was on duty and since."

Latino workers who filed a racial discrimination and sexual harassment lawsuit against Hilton Hotels settled their sexual harassment lawsuit for $500,000. The problem started when Landwin Management Inc. took over management of the Hilton hotel in 2005, some Latino banquet servers were fired and replaced with less qualified Chinese workers. The Latino employees contacted the Equal Employment Opportunity Commission ("EEOC") which filed the lawsuit on the workers behalf.

According to Landwin they agreed to settle because they wanted to avoid expensive litigation costs that might lead to even more job losses at the hotel. That is a real laugh. Settling a lawsuit for half a million is a tacit admission of guilt even if the hotel won't come out and claim it. The bottom line is that most businesses only care about saving money and cutting costs and if they have to trample on the rights of employees, they really don't care. This is a classic example of that.

"If you can show that the job required certain special skills that could only be filled by Chinese speakers, that would be a different matter," said Derek Li, the supervisory trial attorney for the EEOC.

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.

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.

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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.

Tammy Ratzlaff a female heavy-duty machine operator was awarded $47,000 by the B.C. Human Rights Tribunal after she was sexually assaulted by the owner of Abbotsford construction company, Albert Rondeau. The B.C. Human Rights Tribunal is the same as the Illinois Department of Human Rights and the Illinois Human Rights Commission. Ratzlaff testified that Rondeau was old enough to be her father and she believed he would be a mentor and teach her the various aspects of the job. Things began to change and within a month of starting her new job Rondeau began to make sexual advances to her and once in the office grabbed her buttocks and tried to hug her while saying sexually offensive remarks.

One of the job requirements was for Ratzlaff to stay overnight in hotels because the jobs required travel. The problem was Rondeau would stay at the same hotel. The sexual harassment was so obvious that other members of the crew knew of her predicament and offered to escort her to and from her room. They also made efforts to ensure she would not be left alone with Rondeau while in the hotel complex. Even with these best efforts however there as an early morning meeting and she ended up alone with Rondeau in his room and he took the opportunity to say he found her attractive and wanted to have sex with her.

The sexual harassment culminated on the evening of Nov. 25 when Ratzlaff was in her motel room and opened the door upon hearing a knock. Rondeau forced his way in, grabbed her throat and kissed her "aggressively, forcing his tongue into her mouth while he grabbed her breasts and tried to get his hands into her vagina. She kneed him in the thigh but he repeated his conduct.

Ratzlaff said the experiences left her "devastated, scared and traumatized."

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.

The city of Madison and the Overture Center have reached a tentative settlement in the sexual harassment lawsuit filed by receptionist Monica Everson. The exact terms of the agreement are not yet public. The allegations of the sexual harassment lawsuit include Eversons claims that her former boss and Overture director Robert D'Angelo physically and verbally sexually harassing her for more than ten years. D'Angelo no longer works for Overture as he retired after Everson filed her sexual harassment lawsuit ending as fifteen year career.

What probably prompted the settlement was the fact that U.S. District Judge Barbara Crabb refused to dismiss the sexual harassment lawsuit, saying both sides had agreed that Everson provided "sufficient evidence to prove that D'Angelo's treatment of her in the 1990s created a ‘hostile work environment.'  The Judge went on to say that is was clear D'Angelo groped, fondled or otherwise inappropiately touched Everson more than 500 times over the course of her employment.

"It is unnecessary to recount all the acts that plaintiff alleges," the judge stated, "because it is clear that even a fraction of them would be sufficient to give rise to a federal claim."

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.

Crowell will pay $21,500 to settle a sexual harassment and constructive discharge lawsuit filed on behalf of Deanna Collins by the Equal Employment Opportunity Commission ("EEOC"). According to court papers Crowell Contract and Design, Inc. subjected Deanna Collins to a hostile work environment. The basis of the hostile work environment was when Timmy Christopher who is the president and co-owner of the company would tug on Collins’ pants and made multiple threats to Collins to pull down her pants.

In a remarkable act of stupidity, Christopher pulled Collins pants down in front of her co-workers which resulted in her great embarrassment and humiliation. Collins could no longer take this and other forms of sexual harassment and quit her position. A constructive discharge occurs when circumstances get so bad and a hostile work environment exists that forces an employee to quit; as it what happened here. It is not very often that a president of a company engages in such blatant sexual harassment and does so in front of witnesses.

“This settlement should serve as a notice to employers that the EEOC does not consider the threat or the act of pulling a woman’s pants down in the workplace to be a sophomoric prank,” said Robert A. Canino, regional attorney for the EEOC’s Dallas District Office.

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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" »

Arapahoe Motors, Inc. which does business as Ralph Schomp motors will pay $1.505 million to settle an age discrimination, sexual harassment and gender discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of five women and five men. The women claim they were subjected to sexual harassment, gender discrimination and a hostile work environment while employed. Some of the conduct alleged in the lawsuit include offensive comments and physical touching. As a result of reporting this conduct and of refusing to participate in this type of behavior the women claim they were demoted and had their salaries reduced. Some claim they were not promoted because of gender discrimination.

On the age discrimination claim the EEOC claims five male employees over age 40 were terminated because of their ages and replaced with younger, less experienced workers. The lawsuit also claims that a manger under the age of 30 made age-related comments about the older workers before they were fired and in a move that makes no business sense, employees younger than 40 with lower sales numbers were retained.

“Sexual harassment and sex discrimination against women in traditionally male-dominated industries, such as the auto industry, are still unfortunate realities,” said EEOC Acting Chairman Stuart J. Ishimaru."

Continue reading "Auto Company Pays $1.505 Million to Settle Sexual Harassment, Gender and Age Discrimination Lawsuit With The EEOC" »

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" »

Aaron Rental Inc. which operates more than 1500 stores nationwide settled a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC").
According to the lawsuit a general manager of Aaron’s Fairview Heights, Illinois store made sexually explicit comments to a female employer. The young female employee was also solicited for sex on a regular basis by the general manager. The EEOC would not disclose the amount of the settlement which also provides what is known as remedial relief. Remedial relief usually includes training for management and the establishment of a hotline for reporting discrimination.

Also alleged by the EEOC is the manager repeatedly attempted to force the female employee to have sex with him and that the sexual harassment culminated when he assaulted her in the store’s warehouse. Many times older members of management prey upon young female workers because they believe the young workers will not know how to respond to the sexual harassment or will be too afraid to report it. Warehouses are usually isolated and there may not be witnesses around so they could become dangerous places. It is very important to let management know as soon as possible that you are being sexually harassed and seek the advice of an experienced sexual harassment attorney.

Continue reading "Aaron Rentals Settles Sexual Harassment Lawsuit With EEOC" »

The city of Shippingport agreed to pay $70,000 to settle a sexual harassment claim filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Denise Cuteri. Cuteri is the former treasurer for the city. According to the claim Cuteri alleged she was sexually harassed by two road crew workers for months while working in the Shippingport offices. The two road crew workers were fired after an investigation and both were charged by police for the sexual harassment.

Road supervisor William T. Nelson and Jason Crooks were charged by police with repeatedly harassing Cuteri. The sexual harassment included making sexual comments, looking town her blouse and sending her explicit text messages. Text messages can often be used to prove sexual harassment and should be saved if you believe you are the victim of sexual harassment. Even if you delete the text message, there is software available to retreieve the deleted messages.

Jack in the Box is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment beacuse of frequent remarks about female employees' anatomy and unwelcome sexual advances and innuendoes. According to the lawsuit a manager is also accused of touching the victims inappropriately. The EEOC alleges that once management became aware of the sexual harassment and discriminatory conduct it failed to act and stop it.

Richard Bartels, the manager of Jack in the Box was named in the lawsuit. The name of the co-worker was not released. Another co-worker was allegedly sexually harassed and called the EEOC. The EEOC investigated the claims and filed the lawsuit on behalf of the workers once it was clear Jack in the Box would not settle the case. According to court papers one victim allegedly experienced sexual harassment for more than a year.

EEOC District Director Michael Baldonado of San Francisco said the alleged sexual harassment started in January 2007 by a co-worker and was continued by the manager in February 2007.

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Continue reading "Jack In The Box Sued For Sexual Harassment" »

People should be aware of how long a sexual harassment case can take if filed with the Equal Employment Opportunity Commission ("EEOC"). Take this recent case. International Profit Associates ("IPA"), a Buffalo Grove-based business consulting firm, had a sexual harassment case filed by the EEOC against it on behalf of more than 100 plaintiffs eight years ago. Not only hasn't the case settled, but it has yet to go to trial. According to documents filed in court sexual harassment was rampant at IPA. Women employed there claim they were groped, called names and solicited for sex constantly and those who refused or complained were punished.

There are reasons why sexual harassment cases like this can take so long. Defendants and their attorneys can gain an advantage by making the process drag out. People get tired of litigation and may be more likely to settle for less. Other people involved in the case can't recall details and when the case does go to trial, their memories may not be as clear as to facts and conflicts in testimony may occur. I recommend keeping a diary to refresh your memory and to write details you may otherwise forget.

"I think that's fair to say it is unusual," said Diane Smason, one of the original EEOC attorneys to file the case on June 12, 2001, and who is still on it today.

Continue reading "Sexual Harassment Cases Can Last For Years" »

Carlota Freeman a former Whirlpool employee was awarded $1 million in a sexual harassment lawsuit against Whirlpool. The lawsuit was filed after Freeman was physically beaten and sexually harassment at Whirlpool. The other employee who did the beating, Willie Baker pleaded guilty to beating Freeman on the Whirlpool plant floor in 2004. According to the lawsuit Freeman claimed she was forced to work for two months in a hostile environment with Baker making sexual comments.

Freeman complained to supervisors at Whirlpool about Baker many times over a two-month period but nothing was done to stop the sexual harassment. After that, Baker physically assaulted her and Whirlpool could no longer ignore what was happening as criminal charges were filed against Baker and the authorities were brought it. The Judge in this case said Whirlpool failed to stop the harassment and failed to respond to her complaints.

"They pretty much turned a blind eye and thought this would go away," said Freeman's lawyer, Andy Allman.

Tis the season for holiday parties and workers who will do something stupid. It is remarkable what people do during Christmas parties once they are exposed to alcohol. If you have a work party and your attendance is required, what happens at that party is the responsibility of your company. There are many cases where employees are exposed to sexual harassment at a Christmas party. It is very important to protect your rights if you are exposed to sexual harassment at a party. Make note of any witnesses including waitresses or bartenders. Many times parties are held at upscale bars or nightclubs that have video cameras. It is very important to contact an attorney who handles these types of cases so the video can be saved as they are usually over-taped within a few days.

Six women who claim they were sexually harassed by Barry Stauffer, a former security guard for Lafayette College settled their sexual harassment lawsuit for $1.2 million. According to the terms of the settlement each women will receive $200,000. All of the women allege they Stauffer grabbed the women's breasts and buttocks, looked inside their shirts, rubbed their shoulders and tried to kiss them. The women also allege Stauffer made sexually lewd comments and sent his co-workers sexually explicit material and pornography by e-mail.

This type of behavior is not acceptable in the work place and more and more of this seems to be taking place in colleges. This case was brought by the Equal Employment Opportunity Commission ("EEOC") on behalf of the six women. The EEOC investigates claims of sexual harassment and other forms of discrimination. In Illinois a person who believes they are the victim of sexual harassment can file with the EEOC or the Illinois Department of Human Rights ("IDHR"). Both agencies have the same role, with the EEOC being on the federal level and the IDHR the state level. I prefer to file with the IDHR and have them cross-file with the EEOC.

“In this case, we took immediate action, in accordance with our published procedures, in response to any complaint of sexual harassment that was received. The College has a zero-tolerance policy with respect to sexual harassment" said Roger Clow Lafayette College Spokesman.

Continue reading "Lafayette College Settles Sexual Harassment Lawsuit for $1.2 Million" »

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.

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.

The International House of Pancakes ("IHOP") will pay $105,000 to two waitresses who were sexually harassed by an assistant manager.The Equal Employment Opportunity Commission ("EEOC") handled the case on behalf of the two waitresses and a federal jury awarded them $105,000 at the conclusion of the trial. Both waitresses were teenagers when they worked for IHOP, and according to testimony at trial were subjected to unwelcome physical touching, propositions for sex and sexual comments. This behavior created a hostile work environment. Additionally one of the waitresses alleged retaliation because she refused to the sexual advances.

Other waitresses said they faced sexual harassment and reported that IHOP, did not correct the situation. The assistant manager accused of the sexual harassment quit for unexplained reasons, at the time the investigation started. One waitress could have received more money but jurors were presented with evidence of her MySpace page, with links to sexually-charged materials. You can see how important it is to not have that type of material on the Internet. The second waitress who didn't have that type of material on the Internet was awarded $100,000 in punitive damages.

It is clear the jury was "outraged" by the way the company handled the situation, Jean Kamp, associate regional attorney for the EEOC Chicago District Office said.

Continue reading "IHOP Pays $105,000 in Sexual Harassment Lawsuit" »

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.

As a follow-up to yesterdays blog on the cost of sexual harassment to a company here is another example pulled from the new. The San Bernardino County Board will double the money paid to a law firm investigating a sexual harassment claim against District Attorney Michael A. Ramos. The law firm is asking for $140,000 to complete the investigation. The investigation is being handled by the law firm of Curiale Hirschfield Kraemer which needs more money because the investigation has become more complex than initially expected.

The case started when a seven-year employee of the District Attorneys office, alleged she had a 17-month affair with District Attorney Ramos and experienced on-the-job retaliation after a local weekly newspaper published articles alleging trysts between Ramos and his colleagues and subordinates. The woman is claiming sexual harassment and retaliation. According to the claim she had a spotless employment record until this summer, when she received a negative performance review and was written up for dress code violations, which she claim are acts of retaliation. You can see how expensive just the investigation into the behavior of another employee alleged to have engaged in sexual harassment can be.

"Like all investigations, one thing can lead to another," San Bernardino County spokesman David Wert said.

Defending a claim of sexual harassment can be a very expensive proposition. The employer must hire an attorney and decide to either settle or take their chances at trial with either a judge or jury. Many times if the employer does not settle early the legal fees will just keep rising and the employer will feel a vested interested in continuing to fight the lawsuit. Look at the following case to see the potential expense involved.

Stanislaus county supervisors agreed to pay three female sheriff's records clerks a combined $545,000 to settle a lawsuit just days before its trial date. This is after the county spent about $310,000 on legal fees, which brings the total to almost $900,000. One has to wonder how much the county could have settled the case for when it first received notice of the sexual harassment claim. Certainly it could have settled prior to spending so much on legal fees.

In addition to claims of sexual harassment, there are also usually claims of retaliation. In my office in Chicago I see many claims where both sexual harassment and retaliation are involved. Many management employees and human resource departments seem to be untrained on how to handle claims of sexual harassment and end up punishing the person who files the complaint. This usually ends up leaving the complaining employee in a hostile work environment.

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.

The Cheesecake Factory Inc. is paying $345,000 to settle a sexual harassment lawsuit alleging six male employees were subjected to sexual harassment. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of the males and also includes allegations that the company was on notice about the sexual harassment and tolerated repeated sexual assaults against the employees by a group of male kitchen staffers.

Some of the salacious details in the lawsuit include allegations the alleged abusers directly touched employees’ genitals, forced employees into repeated episodes of simulated rape and made sexually charged remarks. The EEOC contends that management was aware of the sexual harassment, were given formal complaints and did nothing to stop it. At the end the males called the police. This type of behavior can stay with employees their entire life and can alter their life. It is outrageous that management did nothing to stop the sexual harassment.

“The evidence was clear, and everyone knew about it,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Behind the lavish decor that the company boasts on its Web site was a horribly dysfunctional workplace where male workers lived in fear.”

Continue reading "Cheesecake Factory Dishes Out $345,000 For Sexual Harassment Lawsuit" »

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" »

Six employees of Ruby Tuesday settled their sexual harassment lawsuit for a total of $225,00 which was broken down as follows: Michelle Gydosh, $101,000, Melissa Johnson, $32,000,
Rosemary Singer, $57,000, Dawn Kovacs, $60,000 and Nicole Wallace, $5,000. According to the lawsuit General Manager Christopher Mendoza made sexually charged remarks to adult and teen female employees. Sometimes he also remarked about customers.

Former Ruby Tuesday waitress Michelle Gydosh complained that the sexually harassing environment was so intolerable that she was unable to continue working there. Five co-workers joined Gydosh in the lawsuit, with each woman making similar claims. Gydosh said that from August 2006 onward, Mendoza repeatedly made embarrassing sexual remarks about her body, such as "your breasts look good today" or "your breasts look really nice."

According to the complaint, Mendoza constantly told Gydosh that she was "hot" and that he wanted to "make a porn video" with her.

In June 2007, Gydosh became ill during her shift and a co-worker asked Mendoza if Gydosh could go home. "All she needs is a good (expletive) up her (expletive), and I'd be good for that," Mendoza replied, according to the complaint. Disgusted, Gydosh left the restaurant and submitted a written complaint through Ruby Tuesday's complaint hotline. Gydosh also complained directly to Krista Williams, regional service manager, and to Jim James, district manager. In all instances Ruby Tuesday was put on notice of the sexual harassment and hostile work environment and did nothing to stop it.

Continue reading "Ruby Tuesday Dishes Out More Than Food and Pays $225,000 To Settle 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.

Adecco a staffing firm was sued by the Equal Employment Opportunity Commission ("EEOC")after it failed to take appropriate action when female employees complained about sexual harassment at a client site. According to the lawsuit another employee was compelled to quit because of ongoing sexual harassment. Adecco continued to assign women to the plant despite the sexually hostile work environment, according to the lawsuit.

The EEOC reported that Adecco assigned Veronica Jalpa and other women to Pittsburgh Plastics Manufacturing Inc. in Butler, Pennsylvania, and that a Pittsburgh Plastics supervisor sexually harassed them through sexual comments and touching. The EEOC said Jalpa asked for a different shift to avoid the supervisor but was fired by Adecco.

“Adecco has fully cooperated with the EEOC and we are disappointed that it has decided to take this course of action given the information that was made available to the agency,” Adecco wrote.

Continue reading "Staffing Firms Adecco Sued For Sexual Harassment" »

Napoli's Italian Restaurant, was sued by the Equal Employment Opportunity Commission ("EEOC") claiming minor female workers were sexually harassed while working at the restaurant. According to the lawsuit a female server and other female employees at the restaurant were subjected to sexual harassment in the form of lewd comments, propositions and touching. A specific incident listed occurred in early 2008, when the female server was only 17 years old. According to the EEOC release, male managers also allegedly subjected other female employees to “a campaign” of inappropriate behavior.

The lawsuit claims male managers allegedly detained the server who filed the original complaint in a restaurant office and turned out the lights. The female quit following the alleged incident because she feared for her safety. This is was in commonly referred to as constructive discharge.

“We received the charge of discrimination from a young woman who worked there and who claimed that she and other young female employees were subjected to sexual harassment,” said Baran, who was unable to say how many workers were allegedly harassed or if they were all minors at the time.

Krista Stephenson claimed she was sexually harassed by Veterans Affairs ("VA") center director Craig Howard while she worked for him as staff assistant. The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit on her behalf and the Department of Veterans Affairs agreed to settle the sexual harassment lawsuit for $25,000.

In cases like this many times the parties will reach a voluntary settlement rather than risk a lengthy discovery process and the prospect of trial. At trial the amount awarded could be high or there could be no award at all. By reaching a settlement both parties can contain costs and Stephenson is guaranteed money--while also feeling vindicated by making the VA pay.

Dan Ryan, spokesman for the Canandaigua VA, declined to comment other than to issue a statement saying: “VA personnel matters are confidential by regulation.”

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" »

Melvine Davis filed a charge of sexual harassment against her former employer, the House of Gyros, Inc., with the Decatur Human Relations Commission in 2007. In many towns you can file a complaint with the local commission as opposed to the Illinois Department of Human Rights ("

The House of Gyros appealed the decision to the Macon County Circuit Court seeking a reversal of the Commission’s decision which the Judge did. That decision was appealed and the Illinois Appellate Court reversed the Circuit Court and reinstated the $17,400 award by the City’s Human Relations Commission.

“Our only goal with this case was to see that justice was served and we believe that it was,” said Barthelemy.

Continue reading "House Of Gyros Ordered to Pay $17,400 In Sexual Harassment Case" »

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" »

A llaw between the Equal Employment Opportunity Commission ("EEOC") and a Taco Bell restaurant involving a sexual harassment lawsuit was settled for $35,000. Penn Taco will pay a group of female employees $35,000 as part of a settlement with the EEOC. Additionally the company agreed to revise its anti-discrimination policies, and provide training to supervisors and managers about Title VII of the Civil Rights Act of 1964, and how it applies to sexual harassment.

The company must also post a notice of the settlement. The company is now taking steps to protect employees from unlawful sexual harassment and hopefully won't have issues arise like this in the future.

"We are pleased that Penn Taco worked with us to resolve the case," Equal Employment Opportunity Commission acting regional attorney Debra Lawrence said.

Continue reading "Taco Bell Settles Sexual Harassment Lawsuit for $35,000" »

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" »

The 31-year-old woman who worked for La Pianta LLC, which does business as Frenchman Hills Vineyard is suing her former employer for sexual harassment. She is represented by the Equal Employment Opportunity Commission ("EEOC"). She claims her manager engaged in malicious and reckless conduct related to sexual harassment. THe EEOC will file a lawsuit on behalf of a claimant if they believe there is enough information and evidence to succeed.

William Tamayo, an EEOC lawyer based in San Francisco, said the alleged sexual harassment began in May 2008, shortly after the woman began working at the vineyard. He said it lasted three months and ended when the woman quit because of the sexual harassment.

"Sexual harassment is not something that should be a condition of work," Tamayo said,, adding, "Some of the harassers prey on these women in desperate situations."

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" »

McDonalds is being sued for sexual harassement by the Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit McDonalds failed to stop sexual harassment of male employees by a female supervisor at a restaurant in New Jersey. The EEOC claims Mcdonalds engaged in unlawful employment practices based on sexual harassment and created a hostile work environment.

The EEOC claims the underage workers were subjected to unwelcome comments about their appearance by an assistant manager. McDonald’s allowed the supervisor to physically grab, touch, spank, hug, and pinch male employees without their consent because of their gender. In situations where minors work with adults there is also an extra burden on the employer to make sure the adults who are in management positions are not doing anything inappropriate to the minor workers.

“McDonald’s failed to take sufficient action to remedy or prevent sexual harassment of its employees,” according to the complaint. The unlawful employment practices were intentional and “done with malice or with reckless indifference to the federally protected rights of Charging Party.”

Continue reading "Can You Say McSexual 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.

Castle Chevrolet has been sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment alleging the Chicago auto dealer's female customers were called dingbats and female employees were routinely called obscene epithets. The lawsuit alleges principals in the dealership made sexually hostile, abusive and threatening remarks to female employees and groped them.

According to the lawsuit once the female employees complained about the sexual harassment the dealership did nothing to change its conduct. Castle Chevrolet general manager Bob Politza is denying the allegations, saying the company has "a very strict" policy against sexual harassment.

EEOC regional attorney John Hendrickson said in a statement Wednesday it was amazing that at a time when the auto industry is struggling for survival and women exercise so much influence in the marketplace that anyone would in engage in sexual harassment or show contempt for female customers.

Continue reading "EEOC Sues Chicago Auto Dealer Over Sexual Harassment" »

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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A 29-year-old former starbucks employee filed a sexual harassment lawsuit alleging that young male co-workers consistently sexually harassed her by putting bananas between their legs as well as placing them in napkin dispensers. The woman alleges in her lawsuit that the males also wrote in the bathrooms using bananas as phallic symbols with one directed at her and inscribed with a particularly offensive remark.

The behavior began in 2008 when the store began selling fruit smoothies. The woman was also the victim of a sexual assault that same year. According to the lawsuit the sexual harassment was reported on many occasions but management failed to take any action or to stop the sexual harassment from continuing. The woman quit in November 2008 because she could no longer tolerate the hostile work environment. In a statement Starbucks claims it has a policy that strictly prohibits discrimination or sexual harassment in the workplace.

Continue reading "Starbucks Sued For Sexual Harassment" »

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" »

Sharon Januszewski a female firefighter in Oaklawn since 2000 had alleged sexual harassment in the firehouse and was forced to file a lawsuit after nothing was done to settle her claim. Januszewski and the village settled the claim for $850,000 plus she retains her position as a firefighter. In a time when budgets are being stretched and positions eliminated due to the bad economy you can see how important it is to have a harassment free work zone.

In the lawsuit Januszewski alleged sexual harassment by her male colleagues in the fire department, specifically that a firefighter ejaculated on her bedding at a firehouse and that pornography was found in the open and on display throughout a fire station. Januszewsky alleged village officials didn't do enough to investigate the incidents of sexual harassment once she reported it. Taking prompt action from the very start may have saved the village a great deal of money. Aside from the $850,000 paid to Januszewksi, I am sure a large amount of money was given to attorneys working for the village to defend the claim.

Continue reading "Firefighter Settles Sexual Harassment Lawsuit For $850,000" »

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Knouse Foods Cooperative, Inc. alleging that female farmworkers were subjected to a sexually hostile work environment by male coworkers at its processing plant. According to the lawsuit the men engaged in sexual harassment by asking female employees to show their breasts, asking the females out on dates for sex and making other sexual advances to female employees. This type of behavior in the work place seems to be getting more common place and employees have to stand up and hire an attorney to protect their rights.

The lawsuit also alleges the women were subjected to discrimination because of their Mexican national origin. The Mexican women had things thrown at them and they were called derogatory terms such as “dumb Mexican” or “stupid Mexican.” The women complained about the sexual harassment and national origin discrimination to supervisors and managers, but Knouse Foods failed to take prompt and effective action to stop the harassment. The harassment and discrimination only go worse after the women complained.

“This is another tragic example of an employer failing to stop cruel, humiliating, and illegal victimization of vulnerable employees,” said EEOC Acting Chairman Stuart J. Ishimaru.

Continue reading "EEOC Files Sexual Harassment and National Origin Lawsuit Against Knouse Foods Cooperative" »

Now that the economy is doing poorly many employees who are being terminated or demoted are filing sexual harassment claims. One reason for the claims is that employee were putting up with poor behavior in order to keep their jobs. Since they no longer have their job, the see no reason to keep this behavior to themselves. Aside from the cost of settling the sexual harassment cases, companies also have to spend money defending them. The example below shows how much the town of Seaside spend defending a sexual harassment claim.

Thirty year old police reserve officer Vanessa Alcaraz filed a sexual harassment claim with the city against then-Sgt. Barry Pasquarosa. This is a pretty routine case and there does not seem to be anything unique about the facts. To date the city has spent $77,000 on investigation costs and $190,000 on attorney fees. The case isn't even to trial yet and look at the amounts of money that are being spent. According to the Monterey County Herald, City Manager Ray Corpuz said

"We have a duty to investigate, we have a duty to defend (ourselves), and there are our own personnel and human resource policies. Particularly in this case, we have to follow ... state law," he said. "The city has no choice but to respond to these claims."

Continue reading "Sexual Harassment Case Expensive For Companies" »

The Equal Employment Opportunity Commission ("EEOC") released its' report for 2008 and it shwos there were 16,752 complaints alleging employment discrimination– up 2.4 percent from the prior year. These complaints are allegations against government agencies only and do not include complaints against private companies. The complaints were filed against federal agencies on the basis of retaliation, gender, race, national origin, religion and age.

Other interesting statistics in the report include of 7,538 cases closed on the merits, 2.5% resulted in findings of unlawful discrimination. Both parties entered into settlements in 19.5 % or 3,249 complaints. Agencies awarded a total of over $50 million in monetary benefits to complainants for unlawful discrimination.

“Federal agencies must step up their efforts to improve complaint processing time, while also focusing on quality results,” said EEOC Acting Chairman Stuart J. Ishimaru. “

Continue reading "EEOC Report Shows Increase in Discrimination Lawsuits" »

The Illinois Human Rights Act ("IHRA") also known as, 775 ILCS 5/1-101 will now offer protection to individuals who have an order of protection. Starting at the first of the year it will be considered unlawful discrimination, based on order of protection status, to take any negative job action on an individual if they have an order of protection and there is no legitimate business reason for the negative job action.

This new law adds order of protection status to the current protected classifications of religion, age, race, national origin, gender, marital status, disability, sexual orientation, military status, and unfavorable discharge from military service. The initial charge would be filed with the Illinois Department of Human Rights in either Chicago or Springfield.

Continue reading "New Illinois Law Takes Affect January 1, 2010 Adding Additional Discrimination Protections" »

Dave's supermarket has been hit with a federal lawsuit regarding sexual harassment. In Cleveland the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit claiming the supermarket violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to sexual harassment. According to the lawsuit a department manager subjected women to egregious sexual harassment including asking the woman for sex and groping.

According to court papers once the top tier of management became aware of the sexual harassment and the manager's behavior the top group of management at the supermarket did nothing to stop it and allowed it to continue. Damages from sexual harassment include lost pay, future pay, emotional distress damage, attorney fees, and punitive damages. There seems to be an increase in sexual harassment cases this year probablly due to the problems with the economy.

"We continue to see an increase in the number of harassment complaints, however, this was one of many instances when the employer could have taken steps to prevent it from ever happening," said EEOC Acting Regional Attorney Debra Lawrence.

Continue reading "Dave's Supermarket Sued For Sexual Harassment" »

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 Equal Employment Opportunity Commission ("EEOC") Office of Federal Operations awarded Department of Interior employee Celeste Gray $149,459 to settle her sexual harassment lawsuit. According to the lawsuit over a period of two years Gray's supervisor would call her into his office to pick up trash off the floor in front of his desk so he could view her tell her that there was nothing he did not know about a woman's body and call her breasts the girls.

As a result of the sexual harassment Gray's weight increased dramatically to make herself less attractive to the supervisor. Gray also suffered from anxiety, nightmares, sleep disorder and was under the care of a psychologist. Gray received $100,000 emotional distress, $43,359 for past and future medical expenses and a $6,100 tax enhancement to offset the future medical expenses.

As an example of the kind of sexual harassment Gray endured, when she was going out of town, her supervisor in a sexual gesture said, "I hope you don't give up nothing,"

Continue reading "Department of Interior Ordered To Pay $149,459 In Sexual Harassment Lawsuit" »

Four female doctors alleged sexual harassment by Medical Superintendent Dr. Vinod Kumar of Gandhi Nagar Hospital. Some inside the hospital believe the sexual harassment complaint was filed because the hospital and in particular Dr. Kumar have been very strict with the doctors regarding employment issues. To date not many facts have been alleged and both sides seem to be keeping tight lipped.

In Illinois allegations of sexual harassment must be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). The complaint must be filed within 180 days and 300 days respectively. It is very important to speak with an attorney early to make sure you don't miss those important periods.

“We don’t believe that Dr Vinod can do such an act” an old female employee of the Hospital on the condition of anonymity.

Continue reading "Four Female Doctors Sue Hospital For Sexual Harassment" »

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.

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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.

Kacie Chambers filed a sexual harassment lawsuit against Marshall's Board of Governors and former cheerleading coach Donna Dunn alleging she was repeatedly harassed by several members of the cheerleading squad during her first and other year there in 2005. The harassment included allegations of male members of the squad exposing themselves, rubbing their private parts in the female members' faces and calling the females derogatory names.

Chambers' suit specifically singled out head male cheerleader Richard Edmunds whom she alleged pulled down her sports bra and instructed her "not to be a bitch or she would find her ass hitting the ground." The repeated harassment, which Chambers alleges Dunn ignored, resulted in her quitting the squad before completing her freshman year in 2005-2006, and to lose the scholarship she was awarded.

In both their replies to Chambers' suit, and during the trial, both Dunn and Marshall University officials maintained that they took the proper steps to address her allegations when they were first raised including removing Edmonds from the squad. In the end the jury did not believe them and ruled in favor or Chambers awarding her $25,000.

"I'm really glad my story is out there," Chambers said. "I'm really glad I stood up for what I believed."

In Illinois the number of sexual harssment cases seems to be on the rise, at least from my perspective. With the downturn in the economy, many once loyal employees who put up with a lot of harassment now don't feel that same loyalty towards the company and are fighting back.

In Fiscal Year 2008, EEOC received 13,867 charges of sexual harassment. 15.9% of those charges were filed by males. EEOC resolved 11,731 sexual harassment charges in FY 2008 and recovered $47.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

There are strict time limits for filing a charge of sexual harassment in Illinois and once that time limit expires, no relief is available. There is a 180 day and 300 day limit for filing a charge of sexual harassment with the Illinois Department of Human Rights and the Equal Employment Opportunity Commission respectively. Many times settlements are possible either prior to filing the charge or once the charge is filed. An experienced lawyer can help you with this process. It is better to get the lawyer involved early in the process to increase the chances of success.

Taco Bell Corporation will pay $350,000 to two young women to resolve a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit alleged that Terence E. Davis, a former manager at Taco Bell, sexually assaulted a 16-year-old female employee on her first day of work. The EEOC said Davis sexually assaulted the young woman on the work premises and then tried to follow her as she fled home. The EEOC also uncovered evidence during discovery that Davis had forcibly raped another 16-year-old female employee just five months earlier.

This type of workplace misconduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including sexual assaults as the most egregious forms of sexual harassment. The EEOC filed suit against Irvine, Calif.-based Taco Bell Corporation after first attempting to reach a voluntary settlement. Davis pled guilty in 2009 to raping both women and is currently serving two concurrent eight-year prison terms.

“Sexual harassment is always unconscionable, but this situation was especially so, given the extreme nature of the assaults and the youth and vulnerability of the victims,” said EEOC Acting Chairman Stuart J. Ishimaru.

Continue reading "Taco Bell Settles Sexual Harassment Lawsuit With EEOC For $350,000" »

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" »

An Information Technology analyst for Kenny Construction filed a sexual harassment lawsuit against his female boss in cook county. A copy of the lawsuit is here:Lott Complaint
Lott who is also African-American alleges his white female boss discriminated against him because of his race, also known as racial discrimination. According to the complaint, the female boss, Laura Manaugh was the IT Manager and said the following to Lott: "I love you", Managers and employees end up sleeping together because of the vibe of the working relationship", "You remind me of my husband, he is so good in bed", and "Woman are in control because we have the pussy."

According to the complaint Lott complained about the sexual harassment to human resources and nothing was done to stop the behavior. In fact according to Lott, the workplace became a hostile working environment after he reported the offensive behavior. Lott is seeking damages in excess of $50,000.

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" »

Under the Illinois Human Rights Act 775 ILCS 5/2-102(D)), sexual harassment in Illinois is any unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature is sexual harassment when:
1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2) submission to or rejection of such conduct by an individual is used as a basis for an employment decision affecting such individual; or
3) such conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile, or offensive working environment.

There are two basic types of sexual harassment: Hostile Work Environment and Quid Pro Quo.

A hostile work environment is created when unwelcome sexual advances, requests for sexual favors, or other type of conduct of a sexual nature that is intimidating, offensive or hostile substantially interferes with a person’s work performance. Examples of hostile environment sexual harassment, include, but are not limited to: unwanted deliberate or repeated sexual behavior; sexually suggestive objects, signs, or pictures; unwelcome sexual gestures, touching, or pinching; sexual innuendos or stories; unwelcome hugging, kissing, patting, or stroking; unwelcome sexual teasing, telephone calls, or materials of a sexual nature.

Quid pro quo means “something for something”. Quid pro quo sexual harassment occurs when submission to unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature is made, explicitly or implicitly, a condition of employment or promotion. Examples of quid pro quo sexual harassment include, but are not limited to: suggesting to an individual that it is possible to be hired, promoted, or be advanced in the job if that person allows sexual favors; asking a person to submit to unwelcome sexual advances or requests for sexual favors as a condition of hiring, promotion, or advancement in the job; denying hire, promotion, or advancement in the job because the person has refused dates, sexual advances, or requests for sexual favors.

Mediation is a form of alternative dispute resolution ("ADR"), which is an alternative to litigation. The Equal Employment Opportunity Commission ("EEOC") offers mediation free to people who file complaints with the agency. There are good reason to select mediation and also reasons against. On the EEOC's website the following is listed as reasons to select mediation:
-It's free
- It's fair and neutral as the parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.
-it saves time and money as mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.
-It's confidential as the EEOC requires that all parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone, including other EEOC investigative or legal staff.

There are a few reason not to select mediation however.
First, by avoiding litigation, the company is the one really saving money and thus the savings is given to them. The EEOC will investigate your charge for free and the company has to pay an attorney to defend the charge of discrimination.

Second, many facts don't come out in mediation because there has not been an opportunity to fully discover evidence the other side may have. Therefore, a complainant may be settling a claim without knowing all the facts and may have a much better case in reality than they realize.

Lastly, during mediation the complainant lays out his case and the employer has an opportunity to hear the entire case and therefore if the parties can't come to an agreement, the employer can draft their defense based on hearing the entire case.

Continue reading "EEOC and Mediation" »

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."

Hometown Buffer settled a sexual harassment and discrimination lawsuit with the Equal Employment Opportunity Commision ("EEOC") for $710,000. The EEOC alleged Hometown Buffet failed to prevent and tolerated a pattern of ongoing sexual harassment in which male managers, supervisors, and co-workers subjected female employees to a sexually hostile workplace, including groping, hugging, kissing, sexual advances, and stalking employees outside the workplace. One female victim was allegedly raped by a male co-worker. The EEOC further alleged that due to the female employees’ young age and/or lack of English proficiency, a breakdown in the company’s complaint process failed to adequately remedy the sexual harassment.

In addition to a monetary settlement of $710,000, the two-year consent decree resolving the matter will also ensure the implementation of measures to prevent and remedy sexual harassment at the company’s El Cajon location. These measures include annual training for employees, managers, and supervisors regarding sexual harassment and retaliation; a formal complaint procedure with close tracking of any future complaints; and, providing annual reports to the EEOC regarding future complaints and remedial action.

"Sexual assaults are increasingly becoming more commonplace in sexual harassment cases,” said EEOC Regional Attorney Anna Y. Park of the agency’s Los Angeles District Office. “During this economic downturn, it is more important than ever for employers to actively ensure a workplace free of hostility. What may appear to be a short term gain by cutting out training on EEO laws, may result in long term cost to a company if claims of discrimination are not actively prevented or corrected.”

Carl Sassaman was accused by a female co-worker of sexual harassment. Sassaman's boss conducted a very limited investigation which turned into a he-said,she-said as both partys claimed the other was lying. Sassaman's boss took not further investigation and assumed Sassaman had sexually harassed the co-worker and told him to either resign or he would be fired. Sassaman instead filed a discrimination lawsuit, Sassaman v. Gamache, claiming his rights under Title VII of the Civil Rights Act of 1964 were violated.

The original lawsuit was dismissed by the Court however, the Court of Appeals for the Second Circuit overturned that dismissal and remanded the case for further trial. The 2nd Circuit said that jurors could reasonably draw an inference of discriminatory intent if they accepted Sassaman's combined allegations that his boss suggested men are apt to sexually harass their co-workers and that the employer failed to properly investigate the alleged harassment.

According to the Equal Employment Opportunity Commission ("EEOC"), men generated 15.9% of sexual harassment complaints filed in 2008. The majority of those complaints were men complaining about sexual harassment by other men.

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" »

The Equal Employment Opportunity Commission ("EEOC") settled a sexual harassment lawsuit against Luby’s Restaurants Limited Partnership, doing business as Luby’s San Antonio #19 (Luby’s), for $135,000 and significant remedial relief on behalf of a class of female workers who were subjected to a pervasive sexually hostile work environment for years.

The lawsuit alleged Luby’s with subjected female employees, including a teenager, to a sexually hostile work environment at its Floyd Curl Ave., San Antonio location. Specifically, the EEOC said that the women were subjected to, among other things, repeated unwelcome sexual touching, numerous sexual comments, as well as gestures and innuendo. The sexual harassment, which was allowed to continue for at least four years, also included a work atmosphere permeated with lewd and sexually offensive behavior, including restraining one woman in the women’s restroom while requesting sexual favors from her. Additionally, one of the female employees was forced to quit her job because Luby’s failed to take appropriate action to address the harassment.

EEOC Supervisory Trial Attorney Judith G. Taylor added, “Sexual harassment affects far too many workers in the service industries, but especially teenagers who feel they have no recourse and are especially vulnerable because of their age and inexperience. Every employer has a duty to protect its workforce from harassment.”

Sexual harassment violates Title VII of the Civil Rights Act of 1964, which also prohibits employment discrimination based on race, color, religion, gender, or national origin, and protects employees who complain about such offenses from retaliation.

Continue reading "EEOC Settles Sexual Harassment Lawsuit Against Luby's Restaurant For $135,000" »

The Equal Employment Opportunity Commission ("EEOC") and electrical contractor T&D Electric Company of Burlington, N.C., agreed to settle a sexual harassment lawsuit for $175,674. The lawsuit EEOC v. T&D Electric Company of Burlington, Inc., Civil Action No. 1:06cv808, alleged that Tammy Holt and a class of female employees at T&D Electric were subjected to sexual comments, including remarkds about their bodies, clothing, sex acts and touching by the company's co-owner / president.

The alleged T & D Electric knew about the sexual harassment and failed to stop it and that as a result of the sexual harassment, several women were forced to quit their jobs. Sexual harassment in the workplace violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement with the company to eliminate these discriminatory practices.

"Sexual harassment by a company owner is especially egregious," said Lynette A. Barnes, regional attorney for the agency's Charlotte District Office. "Employers have an obligation under federal law to ensure a work environment free from illegal harassment, to promptly investigate complaints, and to take appropriate corrective measures to stop this misconduct."

The Board of Public Works settled a sexual harassment lawsuit for $65,000 with an employee in the Department of Public Safety and Correctional Services.The employee alleged she was subjected to, sexual harassment, gender discrimination and a hostile work environment by the conduct of at least nine of her male co-workers while she was employed in the maintenance shop at the Baltimore City Detention Center from July of 2004 until May of 2007.

A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser based sexual harassment or gender discrimination among other things. As part of the settlement, the woman, who still works for the department, has agreed to dismiss her case with prejudice and release all claims against the department and the state of Maryland.

In Illinois, an employer may not terminate or otherwise take an adverse job action against an employee because of the gender of the employee. The policies and employment rules must be applied equally to all employees. Policies and employment rules which have a disproportionately adverse impact on one gender are strictly prohibited under both Illinois and Federal law.

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Ashley Furniture also known as Phil Vinar Furniture Inc., in Moline Illinois alleging Ashley's discriminated against employees and job applicants in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). The lawsuit involves approximately 30 to 35 people including employees and job applicants.The lawsuit alleges Ashley's discriminated against Jacqueline Foster because of sexual harassment and also violated the Americans with Disabilities Act ("ADA") by harassing Foster because of her disability and by refusing to provide her with a reasonable accommodation. The EEOC says Ashleys's retaliated against her and others for complaining about sexual harassment.

The lawsuit claims Ashley's engaged in racial and national origin discriminated against a class of African-American and Hispanic applicants by refusing to hire them because of their race and national origin. There is also an allegation that Ashley's violated the record keeping provision of Title VII by not keeping proper records of applicant and employees races and national origin.

The EEOC office in Chicago files about 30 cases of discrimination a year in Illinois.

The EEOC claims Ashleys violated the ADA by denying Foster and another employee health insurance benefits because of their disabilities, that the store engaged in retaliation against Foster in violation of the ADA by firing her after she engaged in protected activity and that the store violated the ADA by commingling employee medical records and personnel records.

Continue reading "EEOC Sues Ashley Furniture For Sexual Harassment, National Origin and Racial Discrimination" »

Clay County agreed to pay about $450,000 to an Deanne Cluckey an ex employee to settle a sexual harassment lawsuit that named assessor Cathy Rinehart, the County and a former worker as defendants. Cluckey alleged that Rinehart repeatedly allowed Steve Sutterfield, then an employee, to make sexually suggestive and offensive comments in front of her and other female employees. Cluckey claims she reported the comments to Rinehart and incident reports were filed but that Sutterfield was not disciplined.

The suit also claimed that Cluckey and other women in the office experienced gender discrimination in their compensation, travel arrangements and benefits. Earlier this year and as reported in this blog, another Clay County employee was paid $208,000 to settle a sexual harassment lawsuit against Rinehart.

Many times a second lawsuit is filed after the first lawsuit is filed and facts become public. Other employees who were sexually harassed or otherwise discriminated against come forward and file their own claims.

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" »

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.

Michigan will pay $100 million to settle a class-action sexual harassment lawsuit by more than 500 female inmates who claimed they were sexually assaulted, abused and harassed by male corrections staff. The lawsuit involving Scott Correctional Facility was filed in 1996 but tied up in the courts for years. Evidence in the 2008 trial showed a sexually hostile atmosphere in which women were groped, raped and subjected to inappropriate searches and other harassment by guards.

A jury in 2008 awarded 10 female inmates $15.5 million for abuse they suffered at the hands of male staff at Scott Correctional Facility in Plymouth. A second jury awarded more than $8 million to female inmates at another facility.

"It does not constitute an admission of liability, but a compromise of the disputed claims," Department of Corrections spokesman Russ Marlan said.

Text messages were utilized by two female soccer players who accused their Central Michigan Univeristy coach Mr. DiTucci, of sexual harassment in securing a $450,000 settlement. The women alleged that the coach used manipulation to carry out secret sexual relationships with them. He also sent the players inappropriate text messages, which were used to help bolster their claims and settle the claims. This was first reported in April on this blog.

The two women, senior Sarah Burns and freshman Morgan Britt, alleged that DiTucci carried out inappropriate secret sexual relationships with the two players while he was the head coach. They also alleged that he sent players inappropriate text messages, lied to his players and to university administration and manipulated his players in an effort to not get caught.

Companies like Paraben are able to pull text messagse off a cell-phone even after they have been deleted and authenticate them for use at trial. According to Wikipedia, text messaging, or texting is a colloquial term referring to the exchange of brief written messages between mobile phones, over cellular networks. If you are the victim of sexual harassment and believe you have text messages to support your claim, it is important to remember to tell your attorney even if the messages have been deleted.

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The city of San Leandro agreed to settle two sexual harassment lawsuits stemming from complaints filed in 2005 and 2006 by Starlah Burke and Jennifer Acuna against then-Police Officer Greg Cannedy and the city of San Leandro. The settlements include cash payments of $92,500 and $95,000, and a pledge to use outside investigators if similar accusations are made in the future. In addition, the council adopted a policy to have outside investigators handle any future investigations of sexual harassment complaints against on-duty officers.

Burke and Acuna filed civil lawsuits in 2007 and 2008, respectively, in U.S. District Court against the city and Cannedy, accusing Cannedy of sexual harassment and civil rights violations. The allegations include, both women claiming Cannedy touched and stalked them. Acuna said Cannedy befriended her at her job at a local gym. He then appeared at her home in August 2006, entered uninvited, and groped her. Burke said Cannedy groped her during a December 2005 traffic stop, then made unwanted sexual advances and frequently appeared in uniform near her home over a period of several months.

Continue reading "San Leandro Settles Two Sexual Harassment Lawsuits For $187,500" »

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."

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On April 16, 2009 the Illinois Supreme Court ruled in Sangamon County Sheriff's Department v. The Illinois Human Rights Commission, that if any supervisor or manager sexually harasses an employee, the company is strictly liable for the sexual harassment. Previously and in federal court under Title VII of the Civil Rights Act of 1964, liability was only imputed on the company if the supervisor or manager were the employees direct supersivor or manager. This case makes it easier for employees to hold a company strictly liable for sexual harassment and will make it easier for employees to prove their case.

In this case Donna Feleccia filed a sexual harassment and retaliation charge against the Sangamon County Sheriff's Department and Sgt. Ron Yanor. Sgt. Yanor was a supervisor but not Feleccia's supervisor. Feleccia filed a complaint with the Illinois Department of Human Rights and then with the Illinois Human Rights Commission alleging Yanor retaliated against her because she refused to engage in sexual activity with him. She also alleged the Sangamon County Sheriff's Department created a hostile work environment after she reported the discriminatory conduct of sexual harassment and retaliation.

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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.

United States District Judge Anderson ruled that a series of sexually offensive comments made to three women employed by SkyWest Airlines, Inc., as alleged by the Equal Employment Opportunity Commission ("EEOC") in a lawsuit could constitute actionable sexual harassment. SkyWest filed a Motion for Summary Judgment which was rejected by the Court. In denying defendant SkyWest's motion for summary judgment, the court said that a reasonable jury "could find the comments to be 'uninvited sexual solicitations' and 'obscene language' rather than merely vulgar banter."

In its lawsuit EEOC v. SkyWest Airlines, Inc., N.D. Ill. No 07 C 4925, the EEOC alleges that SkyWest discriminated against three former employees by subjecting them to sexual harassment by a co-worker and then firing them in retaliation for complaining about the hostile work environment, all in violation of Title VII of the Civil Rights Act of 1964.

The court noted that between six and eight offensive remarks were made to each of the women and included the speaker's statements,

"that he wished he could put his mouth on her breasts" and "that he wanted to have sex with her and get between her thighs."

"We find that a reasonable fact finder could find that these comments to be severe enough to constitute 'uninvited sexual solicitations' and 'obscene language,' rather than merely vulgar banter."

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