According to court documents, an employee at Shaw Coastal claimed that he had been subjected to sexual harassment while working with another male member of a survey crew. Allegedly, the second male worker sent explicit text messages, talked about his body and touched him inappropriately multiple times over a series of months.
]]> A third coworker had noticed the touching, and he and the alleged victim filed complaints with their supervisor and another company official. However, the claims were never reported to human services and the claims were thought of as jokes, even though the claims were made 10 times in the span of two months.The victim resigned from the company and filed a civil claim including sexual harassment. In response, the company fired the suspect.
The sexual harassment charge was taken to trial, and the judge said the suspect never showed proof of an interest of men, which made sexual discrimination invalid. However, the appeal stated that sexual harassment is a form of discrimination, and sexual proposition was given through the text messages and unwanted touching. The jury, disagreeing with the judge, also said the case was severe.
The jury ruled that sexual harassment had taken place, and the victim was awarded $500,000. The company was reprimanded for doing nothing to address the matter -- even after multiple complaints were filed.
The judge said the supervisor who received the first complaints took no action to report it to human services. Even with evidence such as the text messages, the office failed to take prompt action after it became involved.
Source: Courthouse News Service, "Ignoring Fishy Horseplay Is Sexual Harassment," Sabrina Canfield, Jan. 26, 2012
]]>In an effort to minimize those negative side effects, California passed a law in 2004 with the hope of reducing sexual harassment in the workplace. The law stated that all companies with more than 50 employees were required to provide two hours of training on how to recognize sexual harassment and react to complaints.
]]> The law went into effect Jan. 1, 2006, and it was successful at minimizing the number of number of sexual harassment lawsuits for the first few years that followed. However, in the last years, there have been an increasing number of lawsuits again.One human resources director blames the bad economy. Company executives are fighting aggressively to protect their budgets, and many businesses laid off valuable employees. She said, "CEOs and other managers have been so focused on keeping businesses afloat that details like harassment policies sometimes fall through the cracks."
In addition, as businesses got smaller, some people were placed in supervisory roles even if they didn't have appropriate training. Those individuals may have known their technical skills perfectly well, but if there were gaps of understanding in how to resolve conflict, sexual harassment complaints may have been left unresolved even after they were reported.
Read more in our upcoming posts to learn more about how companies are addressing the rising number of sexual harassment complaints.
Source: The Press-Enterprise, "WORKPLACE: Sexual harassment hasn't gone away," Jack Katzanek, Jan. 15, 2012
]]>According to Hewlett-Packard, the former CEO did not violate the company's sexual harassment policy. Regardless, after the allegations, the CEO resigned from his position, and he settled a lawsuit with Fisher the same week.
]]> When the allegations were made, Fisher's attorney sent a letter detailing the harassment. The letter said that when Fisher worked as an events contractor for Hewlett-Packard, the CEO tried to persuade her to have sex, and that he kissed her and touched her inappropriately while she was working. The letter also said that he tried to initiate an affair and brushed his hands against her breasts. He even asked her to spend the night in his hotel room.Following the sexual harassment settlement, the letter was obtained by the court, and the court has since ordered that the letter be sealed. Although Fisher stated that the letter her attorney drafted was full of inaccuracies, it's difficult to determine what really that means.
During the case, Fisher's lawyer reported that Fisher was frustrated with her job. "She felt tired, irritated and depressed, sad and mad with the growing unbending realization that her great new job had some major strings attached." Is it possible that part of the CEO's settlement with Fisher included telling her to say the letter was incorrect?
It's likely that we'll never know the whole truth.
Source: Bloomberg, "Former HP CEO Hurd Tried to Cajole Fisher Into Sex, Letter Says," Aaron Ricadela, Dec. 29, 2011
]]>Unfortunately, the latter is exactly what happened at one Italian restaurant chain. Although the chain does not have any branches in California, employees everywhere should be aware of the options they have if their managers fail to stop sexual harassment.
]]> Sadly, this sexual harassment story is an example of the latter and includes a group of women, some of whom were teenagers. When the women did not receive the protection they needed from their manager, they worked with the U.S. Equal Employment Opportunity Commission to file a lawsuit against the restaurant. According to the lawsuit, the harassment has been occurring since 2005.Male workers in the restaurant's kitchen repeatedly harassed a group of female employees. The men made crude comments and asked for sex. They even used "vegetables to simulate sodomy and to hit the victims between their legs."
Although several women repeated the harassment multiple times, the restaurant's management did nothing correct the problem, which is a violation of the Civil Rights Act of 1964.
One attorney for the EEOC said, "Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law. Managers must take swift action to stop this sort of abuse when they receive complaints of sexual harassment from their employees, especially when the complaints involve teenage employees who are in the work force for the first time."
The women won the lawsuit. They will receive monetary relief, and the restaurant must provide annual training to help ensure all employees understand exactly what behavior is considered unacceptable.
Source: U.S. Equal Employment Opportunity Commission, "Rafael's Italian Restaurant Settles EEOC Sexual Harassment Suit," Jan. 18, 2012
]]>Sexual harassment cases can involve a variety of elements. Sadly, this one involved unwanted physical contact.
]]> The victim is listed as a policy advisor on political-military security issues on the agency's website. When the victim was hired in 2007, her first meeting with the handshake began with a simple handshake. She later reported to the ethics committee that she received unwanted hugs from the congressman and heard sexually suggestive comments from him.On Jan. 4, a joint statement was released by the House Ethics Committee Chairman and the panel's ranking Democrat stating that a review of the allegations would be completed once all the necessary information had been gathered. That same day, the committee released an Office of Congressional Ethics investigative report.
Several of the victim's allegations against the congressman were detailed in the report. The victim reported to the ethics investigators that the congressman made several unwelcome sexual advances toward her on multiple instances. According to the woman's allegations, these events led to an incident in Portugal where the congressman ranted about his interest in her.
The report further states he asked the woman to accompany him to his room while he was drunk. She denied his request. He then asked for her room number, which she also denied to give him.
Source: Reuters, "Report details harassment claim against Congressman Hastings," Alex Dobuzinskis, Jan. 11, 2012
]]>Shannon then started asking her co-workers whether the employee who wrote the email had harassed other people in the past. When she learned about previous sexual harassment toward clients, she reported that as well.
Her co-worker was given a reprimanding letter, and a sexual harassment specialist was brought into the company. Shannon, however, didn't think the company was doing enough. She announced that she was quitting and requested a compensation package for the harassment.
]]> Shannon then filed a lawsuit against the agency and her co-worker, stating that she had been forced to work in a hostile work environment. Although the jury awarded Shannon $250,000, the judge objected. The judge ruled that there was insufficient evidence to prove that Shannon had been subjected to severe or pervasive workplace sexual harassment.Under the Fair Employment and Housing Act (FEHA), employees must show that they suffered severe harassment and that the harassment was severe enough to alter the working conditions. The Court of Appeals noted that "it takes more than harassment that is occasional, isolated, sporadic, or trivial."
In addition, because not all of the harassment was targeted at Shannon -- such as the harassment toward a client -- the harassment needed to have happened in her presence for it to constitute a hostile work environment.
Finally, the Court of Appeals also ruled that the conduct was not severe or pervasive. The court stated, "Neither the August email nor any other evidence showed that Shannon was ever assaulted, subjected to unwelcome physical contact, threatened, propositioned, or subjected to explicit language directed at her or anyone in her presence. She was also never subjected to verbal abuse or harassment."
Although Shannon did not win this case outright, the jury did find her employer liable. Moreover, it is rare for a judge to disagree with the jury. If a similar case went before another judge and jury, the outcome could have been drastically different.
Source: HR.BLR.com, "Sexual Harassment: What Conduct Creates a Hostile Work Environment?" Jan. 10, 2012
]]>In the landmark case, an employee -- we'll refer to her as Shannon -- began working at an advertising agency as an assistant media planner in 1991. She rose steadily through the company's ranks, and when she resigned from the company in January 2005, she was the vice president.
]]> Between 2000 and 2003, Shannon attended company holiday parties and a bachelorette party for a co-worker. Although she thought there was sexually offensive conduct at the parties, she never complained about it.In 2004, an email between two executives at the company described Shannon's body parts in sexual terms and referred to her as "mindless." Although the email was not intended to be read by Shannon, it was forwarded to her. When Shannon read the email, she complained to her supervisor, even though the supervisor was neither the original sender nor intended recipient.
After the incident, Shannon started talking to other employees at the company to gain a better understanding of whether that executive had sexually harassed other employees. She heard anecdotal evidence that he referred to female clients in sexually derogatory terms on multiple occasions.
Shannon received a letter of apology from the company, and the male executive received a reprimanding letter from the company telling him to follow the company's sexual harassment policy.
After that, Shannon requested a "constructive discharge," which included a compensation package. Did the above incidents constitute sexual harassment or a hostile work environment? Read more in our next posts to learn how the jury reacted to Shannon's story.
Source: HR.BLR.com, "Sexual Harassment: What Conduct Creates a Hostile Work Environment?" Jan. 10, 2012
]]>The woman stated that she went to lunch in the shop, and she was grabbed in her chest and shaken by a male coworker as soon as she came into the door. She repeatedly asked him to stop, but he refused. When a supervisor walked by and saw the harassment, he told the female employee to ask the male to stop. He followed that up by telling the male to leave her alone, and he walked away without ensuring the matter had been resolved.
]]> Later that same day, a group of employees gathered to meet a new manager. The female was confronted by the same man again, and when she attempted to shake the new manager's hand, he grabbed her again. Even though she was surrounded by people watching, no one did anything to help her.A few days after the incident, the victim reported the harassment to the Equal Opportunity Commission (EEOC), human resources and the South Bend Human Rights Commission. The man's punishment was three days of leave without pay.
The woman did not think the punishment was enough, but she did not think there was anything more she could do. When the man returned to work, the woman was forced to work with him again. One week later, the man was introduced as a reverend at an office party and led the group in prayer. The victim quit her job immediately after the party.
Source: abc57 News, "Fifth accuser comes forward claiming sexual harassment at South Bend Housing Authority," Tony Spehar, Jan. 5, 2012
]]>The letter alleged several things, including that the CEO showed the hostess his bank account that held more than $1 million and that the event hostess was hired to go with the CEO to out of town events. It also alleged that the CEO made it clear that a sexual relationship with the woman was expected, and that the CEO used his status at the company in an attempt to have a sexual relationship with her.
]]> A subsequent investigation by the company found no evidence of sexual harassment, but it did find inaccurate expense reports for the CEOs trysts with the event hostess. Once the event hostess rejected the CEO's sexual advances, she was no longer invited to accompany him to any more events.The defendant's lawyer wanted to keep the letter confidential because, she said, it was riddled with inaccurate statements. The computer company's investigation did not show sexual harassment, and the event hostess confirmed there was no sexual relationship, according to the CEO's attorney. The writer of the letter and the CEO did not have any comments about the letter.
Source: CIO Today, "Letter Airs Harassment Claims Against HP's ex-CEO," Barbara Ortutay and Rachel Metz, Jan. 2, 2012
]]>The woman, who used to direct the Warriors' public relations, claims photos were sent to her between November 2010 and January 2011, and he asked questions about what she was wearing and doing. She said a total of 61 text messages were sent throughout those months, including a photo of what he claimed were his genitalia.
Her attorney stated that she told the man she was not interested in him, and added that the woman never had a sexual relationship with the NBA player.
]]> In the sexual harassment lawsuit, the woman stated that her reports to the general manager and owner of the team were ignored in an attempt to protect the team. In addition, she claims she was treated unfairly, offered money to resign from her position and then fired after refusing.After she was fired, the woman said the NBA player's wife accused her of stalking the player and initiating the inappropriate texts. Later, the human resources director for the Warriors also accused the woman of initiating the texts and told her she needed to stop. The woman again denied the allegations and insisted the NBA player was harassing her.
The woman's lawsuit was presented to the California Alameda County Superior Court on Wednesday, and court dates are pending. She has also claimed to have suffered a heart condition from the stress the incident is causing her.
Source: Monsters & Critics, "Warriors' Ellis sued by former employee in sexual harassment suit," Paul Levine, Dec. 22, 2011
]]>California is also encouraging victims to report sexual harassment at work or school. This leads to the question of whether there is more sexual harassment in the workplace or if victims are actually reporting sexual harassment crimes that previously went unreported.
]]> In 2010, one military school had only 13 reports of sexual harassment. This year, that school's reports were up to 33. Another had 11 in 2010 and 22 in 2011. The third military school reported 10 reports of sexual harassment in 2010 and 2011.A high-ranking official stated that he expects schools to eliminate sexual assault and harassment from our culture, starting with the military schools. An official in the Pentagon stated that the Pentagon did not know whether the increase was due to increased awareness or an actual increase in sexual harassment.
Part of the reason for encouraging more victims to come forward is a 2007 annual report that directed the Pentagon to evaluate sexual violence and sexual harassment policies each year. The Pentagon also implemented new policies that support abuse victims. A service member who has been the victim of sexual harassment now has the option to request a transfer, and that request must be replied to within 72 hours. If the request is denied, the victim has a right to request a review of the denied request. The victim must receive that response within 72 hours.
Source: The Washington Post, "Pentagon: Reported sexual assaults rise at 3 main military academies in latest academic year," The Associated Press, Dec. 27, 2011
]]>It's a common story, but why? Is it because those are professionals traditionally filled by men, or is there another story? We have no way of knowing. However, one thing is certain: When women are sexually harassed or retaliated against in the workplace, the male authorities who ignore or instigate the harassment need to be held accountable.
Unfortunately, we have another story about a female police officer in California who was sexually harassed.
]]> According to the woman's lawsuit, she suffered sexual harassment and discrimination, and officials in the city and police department repeatedly ignored her reports of the illegal acts. Michelle is suing the city for lost wages and damages.Michelle's employment law attorney argued that Michelle was "subjected to severe discrimination and harassment at the...police department under the command and direction of" the police chief. The lawsuit later states that the police chief has made it explicitly clear that he is not happy about the fact that "women stand should to shoulder with men on the police force."
The police chief has discriminated against the women in several ways. One example in the lawsuit details his refusal to allow women to decorate their lockers in the women's locker room. The police chief ordered a male police officer to go into the women's locker room and remove all personal items and pictures that woman had posted on their lockers.
By comparison, the men were allowed to decorate their lockers however they wanted, and the police chief did not order their pictures or personal belongings to be removed. The police chief also overloaded women with more calls, refused to give them overtime and gave the men more desirable shifts. The police chief also denied mentoring, training and promotional opportunities to the female police officers.
We will report more information about the lawsuit as it becomes available.
Source: Cal Coast News, "Another Arroyo Grande sex harassment claim," Karen Velie, Dec. 28, 2011
]]>The two employees filed a sexual harassment lawsuit against the auto company, alleging that they were discriminated against because of their sexual orientation for sticking up for a homosexual male employee, for their weight and for their entitlement to the California Family Rights Act.
]]> The two male employees also allege that other employees lost their jobs because the employees complained about questionable conduct and illegal activities. They also claim that the company kept fraudulent accounting books. One of them said his check was shorted and he was told that the deductions were based on a pay plan he signed. When he reviewed the pay plan, he alleged that his signature was forged on the pay plan for deductions.The employees' complaint was filed in a California Superior Court. The complaint also cited that the auto company violated the California Fair Employment and Housing Act. The complaint also alleged retaliation and termination in violation of public policy, discrimination, unfair business practices, wage and hour violations and wrongful harassment. One of the employees is homosexual. The other is not homosexual, but he was allegedly the subject of derogatory comments because he stood up for his friend.
Source: Human Resources Journal, "Former Male Employees Allege Sexual Harassment at Car Dealership," Dec. 19, 2011
]]>The agreement between the aide and senator required that neither party publicized the incident. The document that was released stated that the agreement was made to avoid costs of litigation, an uncertain outcome, and the operation burden of a further dispute.
The attorney for the aide stated that the senator's actions included comments that were less than appropriate to the aide. A time frame for those comments was not released, other than to say it was during a period of time and that it caused her to leave the office. The claim alleged sexual harassment.
]]> The parties declined to comment further, citing the confidentiality clause in the agreement. The secrecy of the settlement was justified by a senate spokeswoman, stating that the issue was personal. The $120,000 settlement was paid by the state senate. Open-government advocates objected to the secrecy and accused the lawmakers of paying hush money. The head of one such committee stated that taxpayer funds should not have been used to pay the settlement.The senator faces six felony counts related to voting fraud and perjury. He also declined to comment on the case, according to a spokeswoman.
The senate also refused to produce a harassment claim filed by yet another aide against another senator. That case was allegedly approved in private and supposedly paid the aide $89,500.
Source: Los Angeles Times, "Harassment claim against legislator settled in secret, records show," Patrick McGreevy, Dec. 16, 2011
]]>Some people have attributed this anecdotal evidence to the state's acknowledgement of the problem of sexual harassment in the workplace, and its strong efforts to enforce the legal prohibitions on such conduct. California has also taken a strong stance in its willingness to confront sexual harassment involving sexual orientation. These things are not addressed under federal law or the laws of many other states.
]]> Restaurant management interested in reducing the possibility of sexual harassment in the workplace have a number of alternatives available to them, although implementing change takes an intentional effort.First, it is important to have established channels of communication indicated for employees to report harassment. In many restaurants, the immediate supervisor to whom an employee would otherwise complain may be the accused harasser. Management can establish alternative mechanisms for such complaints, and repetitively bring them to the attention of employees so that they know who they can complain to.
Second, combating sexual harassment requires strong management that is willing to confront sticky and unpleasant situations. Such managers can sometimes head off a full blown complaint or lawsuit by recognizing warning signs when problems are developing.
When action is required, managers should not hesitate to do so decisively, indicating to employees and supervisors alike that sexual harassment will not be ignored or tolerated.
Many sexual harassment complaints arise from conduct in the kitchen or other back areas of a restaurant, rather than in the serving area, so that may be where the most monitoring needs to be focused.
Source: Restaurant News, "Looking at sexual harassment in the restaurant industry," Ron Ruggless, Dec. 5, 2011
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