At least, that's what people believe when they come here in labor contracts. In reality, they're sexually harassed, sexually assaulted and threatened with deportation. Many individuals have their passports taken away, and they are afraid that they will be arrested for illegal immigration if they report the abuse to the police.
Recently, stories appeared in almost every major newspaper in the country about the pervasive nature of the sexual harassment of female farmworkers. Although there are farmworkers throughout the country, most of the nation's immigrant farmworkers live in California.
]]> According to a recent report, sexual violence and sexual harassment is so common that many female farmworkers view it as an unavoidable condition of agricultural work. Federal reports estimate that there are about 3 million migrant and seasonal farmworkers, and that about 630,000 of them are women. The government also estimates that 60 percent of them are illegal immigrants. Reports also suggest that about half of the female farmworkers are sexually harassed or assaulted.Currently, there are laws encouraging police to report federal immigration violations. As a result, if an illegal immigrant worker reported the sexual harassment she was suffering, she would likely face deportation.
In the recently published report about the sexual harassment of female farmworkers, women talked about rape, stalking, fondling and vulgarity. When a person of authority sexually harasses a subordinate, it can be difficult for that individual to receive the legal protection he or she deserves and put an end to the harassment. Now, make the equation worse. In addition to being harassed, many of the women are also sexually assaulted, and they are afraid to report the incidents.
Whose responsibility is it to stop the sexual harassment, and how should the government balance the need to uphold its immigration laws while also protecting vulnerable women? Read more in our upcoming posts for more information.
Source: Associated Press, "Report says female farmworkers suffer sex abuse," Tracie Cone, May 16, 2012
]]>The woman alleges that she was discriminated against because of her race and gender. She also argues that her decision to file a sexual harassment complaint with the agency resulted in further harassment in the workplace.
Workplace sexual harassment is all too common in California, and many times it goes unreported. When organizations do not take such complaints seriously, it can create a potentially dangerous environment for victims.
]]> The woman went on to explain in documents that her black co-worker exposed his genitals to the woman. According to the documents, the man entered her office, sat down, exposed his genitals and began to masturbate. When the woman left and fled to a restroom, the man followed. She fled once again to a break room.The woman told police she did not immediately report the harassment because she was afraid of being physically harmed by the man.
Despite this clear harassment, other black co-workers of the accused harasser allegedly intimidated her after she complained to agency management. So far, the harasser has not received any criminal charges.
The woman continued to work at the agency for almost three years. After quitting in February 2011, she filed a federal complaint the next month.
No judgment regarding the complaint has been made, but the victim's attorney has said that even if the complaint is ruled against, the woman plans to pursue further legal action.
Source: ajc, "Woman's complain to EEOC targets MARTA," Christopher Seward, May 9, 2012
]]>Recently, a former deputy filed a lawsuit against the constable, claiming that she made lewd and suggestive advances. On two occasions, she even pulled her shirt over his head and forced his face into her breasts.
]]> Although the constable acknowledged that she liked to joke around in the office, she refused to answer any other questions about the lawsuit. Regardless, if the allegations in the lawsuit are true, it would seem as though the constable needs training regarding what type of joking is appropriate in the office and what constitutes sexual harassment.According to the sexual harassment lawsuit, the constable once said that she wanted to perform at "chunky chicks night" at a local strip club. She then gyrated in the deputy's face. That was the final straw for the deputy, and he decided to make sure he recorded the next sexual harassment incident.
The deputy set up a recording device at his desk. A short time later, the constable again forced the deputy's head under her shirt. The deputy yelled for her to stop and hoped the incident was caught by the recording device. However, the constable found out about the recording, and the deputy claims she deleted the evidence.
The constable filed a complaint to determine if bugging the office warrants criminal charges. Five days later, the deputy was suspended, and he later resigned from his position.
It will be interesting to see how this plays out in court.
Source: abc NEWS, "Texas Constable Pam Matranga Allegedly Forced Deputy to 'Motorboat' Her Breasts," Alyssa Newcomb, May 8, 2012
]]>Archie Comics is the last of the privately run comic book companies, and it is currently deadlocked in a court battle. The two CEOs are fighting about the future of the company, and both have brought accusations that the other's actions will endanger the family legacy and the business's well-being.
]]> John Goldwater, a son of one founder, wants to expand Archie Comics and allow it to become a megabrand with help from outside investors. Nancy Silberkleit, the daughter-in-law of another founder, wants to do things the way the company has always done them, preserving the family ownership.In the midst of the fighting, both have thrown strong accusations against the other's business practices, ethics and morals. John says she ruined the work environment by threatening to fire senior employees and using sexual insults. He later punctured her car tires, destroyed her web site and claimed she sexually harassed several of their employees.
Nancy claims he defamed her and conspired with employees to gain control of her portion of the company. John eventually sought and received a restraining order against her, prohibiting her from contacting her employees or working from her office.
Since the company was established in 1939, it's been known for promoting family values and enduring friendships. Unfortunately, the bitter employment battle between the John and Nancy could ruin the company. The court case has stalled several times, so it will be interesting to see what happens as the case evolves. We'll post more information as it's available.
Source: The New York Times, "The Battle for a Comic-Book Empire That Archie Built," Robin Finn, April 13, 2012
]]>This may sound like a "sour grapes" aftermath, but the records during his time of service do not read that way. He did complain to superiors while still working there. Instead of addressing his reports of ongoing sexual harassment, his superiors ignored his complaints.
]]> Within his first year at the department someone used fingernail polish to write "homo" on his personal property. The following year he wanted to join the Horse Patrol Unit, and he heard other officers belittling him. They joked that he might have been a flight attendant before being a deputy, and that he and a horse could get married.It did not stop there. He found a card with "AIDs Maggot" written on it taped to his locker. Two California Highway Patrol Officers joked about him, one calling him the cop from the Village People. That was when he complained to his supervisors. They responded with a notice of intent to terminate his employment.
Then things got even worse. His car was vandalized. In addition to finding "Fag" scrawled on it, he found "Snitch" written on his car, along with a longer message specifically related the vandalism to "ratting."
Now that the deputy has a $5 million dollar suit against the sheriff's office, hopefully his superiors will think twice about ignoring sexual harassment complaints.
Source: The Oakland Tribune, "Vandalism and insults: Merced County ex-deputy says he was harassed for being gay," Mike North, May 2, 2012
]]>Julie Berebitsky, an author who writes about sexual harassment in the workplace, gave one explanation. During several of the embarrassing sex and sexual harassment scandals of the past year, the actions of each man have been dismissed with the notion that "boys will be boys," or that our leaders are "only human."
But does that excuse their sexual harassment? It shouldn't. Unfortunately, it's the byproduct of a culture in which individuals who are on the receiving end of sexual harassment are often expected to just put up with it. When did that happen?
]]> According to Berebitsky, sexual harassment in the workplace has been around as long as workplaces included men and women. In the 1920s, society assumed that any woman who was progressive enough to work in the office was also savvy enough to deal with a co-worker's wandering hand. At that point, such men were not considered a real threat.After World War II, leaders were expected to be "real men," not just organizational paper-pushers. Although uninvited touching was frowned upon, it was also seen as a way for men to prove their masculinity. Hiring prostitutes for clients to help close deals also became a prominent, though rarely discussed, business practice.
By the 1970s, feminists helped ensure sexual harassment was not viewed as tolerable, and they were instrumental in changing workplace laws to address sexual harassment. Despite the progress, sexual harassment is often still viewed as it was in the 1950s -- as a way to prove masculinity or authority.
What will it take for sexual harassment to finally become a thing of the past?
Until that happens, do not think of sexual harassment as something you need to tolerate. Know your rights, and don't be afraid to take action if someone violates them.
Source: Huffington Post, "The 'Nature' of Sexual Harassment," Julie Berebitsky, April 17, 2012
]]>According to the women, both schools' actions suggested that they were tolerant of sexual assault, and the administrations discouraged the victims from reporting their attacks. If this is true, the shockwave could extend beyond the military academies and into military bases in California and around the world.
]]> One woman, now 20, said upperclassmen at the United States Military Academy pressured her to get drunk. While drunk, a peer raped her. She reported the assault but was then subjected to taunts, and the school reprimanded her by making her take out the trash of her attacker. The woman became suicidal and then quit the Academy.The other woman, who enrolled in the Naval Academy in 2008, claims to have been raped twice by two different students. In both cases, she was drunk. She reported the rapes to a school counselor and is now claiming that the Naval Academy forced her to drop out of school.
The lawsuit names former U.S. Defense Secretary Robert Gates, along with four other military officials. The lawsuit charges that none of them stepped in to support the women and combat the sexual assault occurring at either of the schools.
Source: msnbc, "Two women sue military officials over alleged rape, sexual assault," Reuters, April 21, 2012
]]>Almost everyone knows that sexual harassment is no laughing matter. However, when two famous, professional men were in the midst of sexual harassment allegations, it was an easy thing to laugh about.
Have we created a culture where sexual harassment in the workplace is not only tolerated but expected from men in California?
]]> Julie Berebitsky, an author who writes about sexual harassment, recently published an article in the Huffington Post that talked about the prevalence of harassment in the workplace. She wrote, "Politicians, Fortune 100 CEOs, and sports celebrities all regularly find themselves in the workplace sex-scandal spotlight, and observers find it harder and harder to generate much outrage or to care longer than a day or two."Last year, when Hermain Cain, David Letterman, Arnold Schwarzenegger and Anthony Weiner -- among others -- found themselves in the midst of sex scandals, many people dismissed their actions, saying that boys will be boys.
However, the belief that women should simply tolerate the unwanted advances of men is one of the biggest threats challenges for many women. Most women don't learn to tolerate sexual harassment. Instead, according to Berebitsky, they "call in sick of change jobs or wait it out and lower their career aspirations."
Read more in our upcoming posts to learn more about the country's changing attitudes toward sexual harassment.
Source: Huffington Post, "The 'Nature' of Sexual Harassment," Julie Berebitsky, April 17, 2012
]]>Representatives of WWJ released the report at a public hearing on International Women's Day. It contains testimonies of women warehouse workers who were victims of sexual harassment. Their stories describe a range of behavior, from women being asked every day if they had broken a fingernail to women whose coworkers grabbed their bodies. Every day the women endured lewd remarks, "pranks" based on their gender and unwanted attention.
]]> Warehouse supervisors did nothing to stop the harassment; in fact, they were part of the problem. A 19-year-old was constantly harassed by her 45-year-old supervisor, who told a 17-year-old female worker, "Next year you're mine."With no one in authority responding to their complaints, the women turned to law enforcement. At the police station, they were told to investigate the situation themselves. They finally found an advocate at the state attorney general's office, where charges at last were filed.
Many of the complaints took place at Walmart warehouses, which are outsourced to logistics contractors. Walmart operates a number of logistics facilities in California. WWJ believes that the multiple layers of supervision created by the outsourcing structure made it harder for the women to get support from leadership.
According to WWJ, Walmart thinks sexual harassment is the warehouse's problem, and the warehouse managers have gotten away with the harassment for so long, they think there are no consequences for their behavior. WWJ hopes to change the situation.
Source: In These Times, "'We Don't Go to Work to Be Touched': Sexual Harassment in the Warehouse," Kari Lydersen, April 19, 2012
]]>In the lawsuit, the woman said she was employed at the restaurant between 2007 and 2011, during which time her co-workers would allegedly twist dumplings into phalluses and place them in their crotch areas.
After committing the act, the co-workers would serve the dumplings to the restaurant's customers.
]]> The woman also claims in her lawsuit that she was sexually harassed constantly during her tenure, including by being eyed by co-workers. On Sundays, pornographic movies were played in the restaurant's kitchen. At least two different co-workers groped her multiple times while working at the restaurant, and one male co-worker pushed his genitals into her buttocks.At least once a month, the woman said she would find her co-workers walking up to her holding two oranges against their chest.
Several of the prominent clients of the restaurant live in California but would visit the restaurant when they would travel. Celebrity patrons included Jennifer Lopez, Mariah Carey and Tyra Banks.
The owner of the restaurant has strongly denied the allegations and criticized them as being baseless and ridiculous. The lawsuit is seeking unspecific damages for the prolonged sexual harassment.
Although the story of the woman's sexual harassment may seem extreme, harassment in the workplace is common and should not be tolerated under any circumstances. People who have been victims of sexual harassment have the right to seek damages for their suffering.
Source: NBC New York, "Workers Tormented Bartender With Dumpling Phalluses They Put Near Crotches and Served to Diners: Lawsuit," April 12, 2012
]]>Sadly, the military is one place where sexual harassment and sexual assault is an everyday occurrence. Actually, according to statistics, there were 900 reports of sexual assault or sexual harassment toward sailors or Marines in 2010, which means sexual harassment is happening more than once a day.
]]> The Secretary of the Navy made an unsettling statement when he read the statistics. He said, "That's almost three every...single...day of the year... Three times a day, somebody that wears the uniform of this country and has sworn to protect it, is being assaulted. Three times a day...If somebody was being shot at three times a day, we would do something about it!"Yet even though it is well-known that sexual harassment has a pervasive existence in the military, it is still a common occurrence. It was recently reported that Navy leaders are requiring "educational standdowns" in April to reiterate the military's zero tolerance policies toward sexual harassment and sexual assault.
However, even though all military personnel are expected to be at the standdowns, many officers and senior personnel do not attend. In order for the sexual harassment trainings to be effective, it is important for employees to know that everyone up the chain of command is following the same rules. But when senior officers do not attend trainings or when they are fired for repeated sexual harassment offenses, there is clearly a problem.
Source: Time, "21st Century Fragging: Sexual Assault," Darlene M. Iskra, April 6, 2012
]]>Regardless, it seems as though individuals in San Francisco who work in professions that do not have an equal balance of men and women often face sexual harassment in the workplace. Although it's common, that does not make it okay.
]]> Recently, one female firefighter filed a lawsuit saying her bosses and coworkers sexually harassed her since she was hired in 2005. A federal jury agreed with her allegations, and the woman was awarded a $700,000 verdict last month.According to court records, the woman started getting harassed as soon as she was hired. When she was introduced to people on her first day of training, she was introduced as "the chick who is doing this as a hobby and doesn't need to work due to her husband's financial situation." According to the allegations, some of the other firefighters told her that women belong in the kitchen, not in the fire station.
Unfortunately, the harassment didn't end there. Later, a man walked in on her when she was in the shower. When she requested a lock on the bathroom door, her supervisor gave her a broom handle with the phrase "Smart Wedge" written on it. Later, she found a missing bathing suit stashed in a locker and stained with semen. The woman even received death threats.
After the lawsuit was ruled in the woman's favor, she returned to work. Now, the city plans to appeal the verdict. Although it seems like the evidence is clearly in the woman's favor, it will be interesting to see what happens if the case goes to an appeals court. Sadly, for this woman, her fight is not over.
Source: The Miami Herald, "Female Miami Beach firefighter awarded $700,000 in sexual harassment case," David Smiley, April 5, 2012
]]>Now, the judge presiding over the harassment case has denied Deen's request for a gag order in the case. According to court documents, Deen's attorneys sought the order because the plaintiff and her attorneys "have made it abundantly clear that they intend to engage in a path of personal and financial destruction because Paula Deen would not pay their pretrial settlement demand."
]]> The request goes on to say that "For a public figure such as Mrs. Deen, the harm resulting from the continuing mass dissemination of the allegations may never be undone."The judge disagreed, citing the First Amendment in her denial of the gag order request. In her ruling she said that she "finds the litigants' concerns about potentially adverse pretrial publicity and the potential effect of damages to their reputations do not outweigh any of the constitutional principles invoked by this motion, including freedom of press and speech."
In her lawsuit, the former manager claims that Hiers and Deen exhibited a "shocking pattern" of racism during her employment, including use of the 'N word,' as well as sexual harassment, assault and infliction of emotional distress. You can read more about the lawsuit in our previous employment law blog post.
Source: CBS21, "Legal setback for Paula Deen in 'N word' lawsuit," Jen Heger, Mar. 30, 2012
]]>The chief was one of 10 officers that were fired for alleged misconduct during an internal investigation into a 2007 robbery, which was focused on the use of excessive force. In his suit, the chief claims that he was fired in retaliation for refusing to agree to the terminations of minority officers. The jury agreed, ordering the city of Burbank to pay the officer $1.3 million in damages.
]]> Of that amount, $250,000 is to account for pain and suffering, while the remainder is for loss of earnings.The chief has also made a fair employment claim against the city, in which he is seeking to be reinstated as deputy chief. In the alternative, he would like to be able to retire honorably and to be issued a retirement badge and a permit to carry a concealed weapon. It remains to be seen whether the city will resist those efforts.
Many of the other officers that were fired in connection with that incident have also filed lawsuits against the city in which they are alleging racial discrimination and sexual harassment. The first of those lawsuits is scheduled to begin later this month.
Source: The Burbank Leader, "Jury awards former deputy police chief $1.3M," Mar. 20, 2012
]]>The case involved a former detective with the El Monte Police Department who had claimed she was subjected to offensive comments about both her gender and body by a police sergeant. According to the complaint filed in Oct. 2009, she reported the sergeant's sexual harassment and discrimination to his superiors in the department, but the department failed to take appropriate action. It was further alleged that the detective was later demoted to patrol duty in direct retaliation for having raised the harassment and discrimination issues.
]]> For their part, public officials maintained throughout that the city had a zero tolerance policy in place for this type of behavior, that the sergeant in question was appropriately disciplined, and that the plaintiff was demoted solely because of budget cuts and layoffs.In Feb. 2011, a jury ruled against the woman on the sexual harassment claim but could not reach a verdict on her retaliation claim. Exactly why the jury ruled as it did in that case is not known, but jurors may have felt that the city and its police department did take appropriate action once informed of the problem.
Undeterred, the former detective and her attorney pursued a new trial on the retaliation case, seeking wage loss and other damages totaling more than $7 million. But again this month, a different jury decided in favor of El Monte and its police department, presumably because they believed the officials who claimed that the detective's demotion was due to budget cuts and layoffs, and not because of her previous sexual harassment claim.
Source: San Gabriel Valley Tribune, "Jury rules against former El Monte police officer in discrimination lawsuit," Maritza Velazquez, March 13, 2012
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