Though a majority of cases involving sexual harassment, intimidation and hostile work environments involve female employees, males can also be the victims of unwanted attention or inappropriate behavior.
The very same laws that protect women from sexual harassment in the workplace also protect men. While not as highly visible as some of the cases filed by their female counterparts, more and more sexual harassment cases have to do with male workers.
]]> In 2009, nearly 20 percent of the sex-related claims filed with the U.S. Equal Employment Opportunity Commission (EEOC) were filed by male employees. Many lawyers expect that number to increase as time goes on.Sexual harassment carries with it certain stigmas. Men are often unwilling to come forward because they believe that such a complaint will be perceived as weakness, perhaps even escalating an already hostile work environment. In many ways, these are the same risks faced by female employees who make the decision to come forward.
For whatever reason, male workers have begun to stand up for themselves in greater numbers. Hopefully, these personal stands against mistreatment result in fairer and friendlier work environments for all employees, both male and female.
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Today, 1.5 million female employees are participating in a class action lawsuit against Wal-Mart, citing gender-based discrimination in regards to a number of issues.
Throughout the proceedings, Wal-Mart has denied any wrongdoing or any discrepancy in pay. Even when it agreed to pay out upwards of $640 million in 2008 to settle a class action wage and hour lawsuit, the retail giant denied that it had cheated workers out of any wages.
This new class action, which was recently given the green light to proceed by an "en banc panel of the 9th Circuit," has shaken even Wal-Mart's steadfastness.
]]> This month, Wal-Mart asked the United States Supreme Court to intervene in the lawsuit, claiming that there were simply too many claimants and too many various claims to be adequately addressed via class action status.It also pointed out that the number of current and former employees involved in the class action lawsuit totaled greater than "the active-duty personnel in the Army, Navy, Air Force, Marines, and Coast Guard combined."
On the opposite side, those working with the plaintiffs claim that the class action is only unique because of its size. In terms of the combined issues and actions sought, the lawsuit fits the general definition of such a case.
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In 2008 13,867 charge receipts of sexual harassment were filed with the Equal Employment Opportunity Commission (EEOC). Of those, approximately 16% were filed by men, more than double the number of claims filed by men a decade earlier.
Part of the reason for the influx of claims by men is that claims of same-sex sexual harassment have only been legally recognized since 1998. In Oncale v. Sundowner Offshore Services, the U.S. Supreme Court held that same-sex sexual harassment was actionable under Title VII of the Civil Rights Act of 1964.
While the EEOC only keeps records of the sex of the individual filing the claim and not the sex of the accused harasser, James Ryan, an EEOC spokesman, states: "Anecdotally, we have noticed that there have been more cases [of same-sex sexual harassment suits]."
David Grinberg, a spokesman for the EEOC, notes: "While some people may think sexual harassment of male employees is a joke, the issue is real."
Reasons for the Increase of Same-Sex Sexual Harassment Claims
There may be several reasons for the increased number of same-sex sexual harassment claims made by men. However, one of the reasons may not be an attempt to be flirtatious.
When men harass other men, it is often an attempt to embarrass the victim. According to Marcia McCormick, associate professor at Saint Louis University School of Law: "Sexual harassment is about using power in a way to hurt somebody."
Another reason may be as a result of the economic downturn. Many men may feel as though their jobs are at risk and they may target co-workers that they see as a threat. Michele Paludi states: "By creating a hostile work environment, co-workers might miss deadlines or get negative performance reviews. The harasser might just be thinking, 'Better them than me.'" If the harassment is severe enough, the victim might even quit. Either way, the harasser feels more secure in his role at the company.
Do not Put up With Harassment
Sexual harassment, no matter who is the target or the aggressor, is wrong. If you are experiencing a hostile work environment, talk with an experienced employment law attorney.
]]>In early 2008, a freshman special education student went to her teachers to report a classmate who had attempted to fondle her on multiple occasions. At the time, the male student in question was already being watched following reports of sexual harassment and one report of sexual assault.
To that point, the school's response to these allegations had been a detention and some reading material on inappropriate behavior for the boy.
]]> However, according to students, the actions taken against him had not done much to discourage the student. New allegations of inappropriate behavior prompted some of the teachers to ask the school's vice principle for help coordinating a plan to escort the girls to the school bus after school.The principle brushed the plan off, instead opting to "set up a 'sting'" to catch students he purportedly assumed were having consensual relations on school grounds. The teachers did not escort the students to the bus and, according to a lawsuit filed against the school, the boy raped one of the girls.
The school has been adamant in denying allegations against it, even posting a letter online at one point defending itself. It has since been taken down.
Sexual harassment, wherever it takes place, is unacceptable and should be addressed immediately and definitively. This story, if proven true, is a tragic example of what happens when reports go unheeded and abuse is allowed to continue.
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]]>She said that Medina had harassed at least seven women, to her knowledge, and that library officials did nothing to prevent the abuse or ease the hostile work environment, essentially ignoring complaints by library staff. With Medina's harassment of coworkers increasing throughout 2006 and 2007, complaints from female staff members increased as well.
]]> Papademetriou claims that library officials finally investigated Medina in 2008 and found that Medina had, indeed, behaved in an inappropriate manner towards female coworkers. However, Library of Congress officials failed to discipline him. In 2009, Papademetriou had had enough and filed the sexual harassment lawsuit in DC District Court.The lawsuit was settled in early August.
As is usual in employment law cases, Library of Congress officials were quick to point out that the $250,000 settlement was not an admission of guilt. As such, even with the settlement, Medina seems to have again escaped any sort of lasting stain on his career.
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During that time, Crouch claims that Dorn referred to her as a "whore," "slut" and "prostitute." He was also physically and verbally violent in the control room, creating an extremely hostile working environment, even though he never struck Crouch.
]]> Crouch claimed that she dealt with severe emotional distress while on the job and continued to suffer the effects of post-traumatic stress disorder. The jury did not, however, accept her argument of disability harassment following a period of extended medical leave for back surgery and complications with her breast implants.Still, in addition to the $182,500 paid out by Playboy, the court ordered Dorn to pay Crouch $10,000 in punitive damages.
Playboy argued that Crouch had brought up the same points long before and they had been dealt with then. They did acknowledge that Dorn had been reprimanded during the time he worked with Crouch.
While the jury found that Playboy executives could have done more to prevent the harassment suffered by Crouch, it did exonerate Chere Johnson, who supervised the master control room during Crouch's time there.
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While the nearly 30 percent boost in workers' comp premiums may be a high estimate, many seem to believe that California business owners will see a price increase.
Employers are required to provide workers' compensation and can be held liable for failure to do so. Still, such a dramatic increase could make it harder for them to do business. Whether or not such a rise in premiums would force anyone out of business is up for debate, but it certainly won't make raises or additional staff more likely for businesses already in need of both.
]]> In 2004, California Governor Arnold Schwarzenegger signed a bill that lowered workers' compensation premiums by 60 percent. However, those days seem to be slipping away, with premiums again trending upward.The influential group in question, the Workers' Compensation Insurance Rating Bureau, has been recommending rate increases for about a year. Most of these have been upwards of 20 percent.
The increase in cost has been slow so far, but an increase of 20 percent or more would be a vicious shock to the system. Still, with problems looming "on the horizon," California business owners may not have long to wait for such a change.
What it could mean for the workers themselves remains to be seen.
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The case in question involves Google's former director of engineering, Brian Reid. Hired when he was in his mid-50's, Brian accuses Google executives of promoting a youthful environment at the expense of older workers. He claims that during his time there, he was subject to designations as "an old fuddy-duddy" and other age-based quips.
Notorious for its predominantly young workforce, Google has denied that Reid was fired for any reason other than performance. Executives claim that Reid was simply not a fit for the company, but that that cultural fit had nothing to do with his age.
]]> Google vigorously protested the proposed inclusion of stray remarks in the event of a trial, but California Supreme Court Justices disagreed. However, again, the Court's decision only allows for the potential of inclusion and Justices were careful to clarify that the ruling should be read conservatively, only representing the points unique to this particular instance.Still, it seems feasible that such a ruling might reveal an attitude on the part of the court - even if the ruling cannot be viewed as a flexible precedent.
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]]>The custodian, Doreen Archambault, claims that she has been subjected to both harassment and discrimination by colleagues who have questioned her sexual orientation. She also named district Superintendent Elliott Duchon and assistant superintendent of personnel services, Tamara Elzig, in the lawsuit.
School officials have denied that sexual harassment education is lax or ineffective within the school district.
]]> In addition to inappropriate questions about her sexual orientation, Archambault claims that, earlier this year, she attempted to report a supervisor who had made a derogatory comment about women in the military. However, when she attempted to file a complaint with the district's personnel department, she was essentially told to let it go.The lawsuit also opines that Elzig should not be entrusted with enforcing a sexually-neutral environment, as she has openly shared details from her sex life and shared inappropriate cartoons in the past.
Elzig vehemently denies both claims.
In addition to mandated sexual harassment and discrimination training, she is asking for attorneys' fees and the total cost of bringing the lawsuit.
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The first, and one of the most important, attributes of sexual harassment is that the actions being taken are "unwelcome." If you engage in questionable behavior on your own initiative, then you will likely have trouble proving that you were harassed.
However, if you make it absolutely clear that certain conduct is unwelcome, then you have the right to take action if that conduct continues.
]]> Under the California Fair Employment and Housing Act (FEHA), there are four types of prohibited sexual harassment:It can be embarrassing and intimidating to voice complaints about conduct you have experienced in the workplace. However, the alternative is acceptance or resignation.
Neither of these is acceptable. These laws were designed to make that decision a safe one for you and, when you need them, they are there.
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Both left the film, entitled "I'm Still Here: The Lost Year of Joaquin Phoenix," in 2009. Representatives for Affleck have denied both sexual harassment claims, countering that both were left the project after other problems with performance and personality.
In White's case, Affleck has threatened to countersue. He has not announced a similar course of action in regards to Gorka, but the lawsuit was just filed last Friday.
No matter how you spin it, things are not looking so hot for Casey Affleck right now.
]]> While filming in New York, Gorka claims that she awoke one night to find Affleck next to her in the bed, very close and stroking her back. Though nothing is alleged to have happened beyond that, the next morning Gorka approached Affleck to demand an explanation. Afterwards, she left the project.After White was hired, Gorka returned, but both quit (a second time for Gorka) after viewing and suffering questionable and offensive behavior on the set. In her sexual harassment lawsuit, Gorka claims that she was subjected to intentional infliction of emotional distress, constructive discharge in violation of public policy, breach of oral contract, negligent infliction of emotional distress, unjust enrichment and negligence.
This mirrors the White lawsuit, which also alleged retaliation and a failure to prevent sexual harassment and retaliation.
Affleck fully intends to fight all allegations vigorously and is doing his best to stay free of speculation, though, with another lawsuit pending, that might become impossible.
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]]>Indeed, Kristina Hagan has been in everything from commercials to clothing ads and is likely looking for a break. Then again, so is half of Hollywood. To immediately write off the sexual harassment accusations filed against Boreanaz seems a bit premature.
Hollywood is a town where getting ahead is 95 percent of the battle.
]]> Hagan claims that the abuse started when she was approached by Boreanaz, who discussed a part for her on his current television show, "Bones." At the time, she was working as an extra on the set. Afterwards, she claims that Boreanaz attempted to grope and kiss her several times and sent her explicit text messages.In the end, Hagan did not receive a role in the show.
In addition to Boreanaz, Hagan has also named a handful of production companies involved with "Bones" in the lawsuit. She is claiming damages for "emotional and psychological distress, wage losses and loss of benefits."
Another actress recently filed a similar sexual harassment against Boreanaz.
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]]>White also claims that, another night, she was unable to go to her hotel room because Affleck and Phoenix were in it with two other women. There were also instances of sexual harassment on the set, with Affleck supposedly referring to women on the film crew as "cows" and openly discussing sexual encounters.
After she refused his advances, White claims that Affleck became abusive and retaliated by refusing to pay her for her work on the film. After several complaints that led nowhere, she says she quit the project.
]]> In total, she is suing Affleck for:Affleck, as expected, has denied all accusations, and his lawyer has referred to White's claims as "preposterous." He claimed that White had left the project more than a year ago and not under the circumstances described in her lawsuit.
He also threatened a countersuit against White.
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These degenerate acts are alleged to have included drug use, sexual acts and trips to strip clubs. For his refusal to participate in these activities, Jones was harassed by his supervisors. Two supervisors in particular harassed Jones and other employees, calling them "slaves," "dummies," "idiots" and other more derogatory names.
]]> He also claims that one supervisor brought a gun to work on several occasions and that both practiced knife-throwing on the set, while intoxicated. It sounds crazy, but Universal has yet to respond to the claims and are likely doing some frantic fact-checking on their end.In the lawsuit, Jones also claims that he attempted to report his supervisors to a co-executive producer of the show, but was ignored. In the end, he was fired and "blackballed," essentially barring him from future work on the show.
Jones also cites gender discrimination in the harassment lawsuit, though wrongful termination is, maybe surprisingly, left off. However, if Jones' story is true, then it seems as if that too might be a valid complaint. As noted, Universal has yet to comment on the lawsuit or repudiate any of the claims presented in it. Still, a response is expected soon.
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]]>Sexual harassment charges were filed last April by former personal assistant Kayden Nguyen, who claimed that Seagal sexual assaulted her on several occasions, prompting her to flee from the actor's New Orleans home.
In her lawsuit, Nguyen also accused Seagal of engaging in human trafficking and keeping two Russian women for "personal use at all times."
]]> When Nguyen attempted to report these abuses to co-workers at Seagal's production company, she was ignored. After fleeing in February, she claimed that personal property left at the company was not returned and that she was told it would be only if given back she promised no future legal action.In addition to sexual harassment and human trafficking complaints, Nguyen's lawsuit also accused Seagal of "failure to prevent sexual harassment, retaliation, wrongful termination and false representation about employment."
From the beginning both Steven Seagal and his legal team have denounced the charges as baseless and false. At the time, Seagal was engaged in a new television show, "Steven Seagal, Lawman," though he was forced to postpone production while dealing with the lawsuit.
It is not known whether a settlement was reached between Seagal and Nguyen, though lawyers for the actor have acknowledged that Seagal was working to resolve the case out of court.
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