03.18.11
Posted in Civil Rights Act and Title VII, Contact Us, Definition of Sexual Harassment, Examples of Unwanted or Unwelcome Harassment in the Wor, Recent Cases and Headlines, Take Care of Yourself, This Month's Major Topics at 7:43 pm by normarae2008
The “history-making” cases include:
Bill Clinton and Monica Lewinsky: In what might be the most famous presidential scandal in our nation’s history, Bill Clinton’s affair with White House intern Monica Lewinsky eventually led to Clinton becoming the second U.S. president to face an impeachment trial.
Burlington Industries, Inc. v. Kimberly Ellerth: Kimberly Ellerth filed a complaint with the EEOC and then a lawsuit against Burlington Industries, claiming that she was subjected to constant sexual harassment by her supervisor, Ted Slowik. Despite the fact that Ellerth never experienced a setback to her job or compensation, the U.S. Supreme Court set a precedent and ruled that an employee can still hold his/her employer liable for a supervisor’s sexual harassment even if the employee does not suffer any financially-tangible, job-related harm from his/her supervisor’s harassment.
Bill Clinton and Paula Jones: As governor of Arkansas, former president Bill Clinton allegedly “propositioned [Paula Jones] and exposed himself to her in a Little Rock hotel room,” as reported by The Washington Post. Clinton never admitted to the sexual harassment charges.
Anita Hill v. Clarence Thomas: Clarence Thomas was appointed to the Supreme Court in 1991 by President George H.W. Bush despite being accused of sexual harassment by University of Oklahoma law professor Anita Hill, who had once worked for him at the Equal Employment Opportunities Commission. Despite the allegations and investigation, Thomas was narrowly elected to the U.S. Supreme Court, and Hill was criticized for “character assassination.”
Oncale v. Sundowner Offshore Services: In this groundbreaking case, the U.S. Supreme Court reversed a lower court ruling and declared that sexual harassment also “applied to harassment in the workplace between members of the same sex.” According to the complaint, in October 1991, Joseph Oncale was working for Sundowner Offshore Services on a Chevron oil platform in the Gulf of Mexico. He was employed on an eight-man crew which included supervisors John Lyons and Danny Pippen. Oncale alleged that he was forcibly subjected to sex related, humiliating actions by Lyons and Pippen in the presence of the rest of the crew. Pippen and Lyons were also accused of sexually assulting Oncale, and Lyons threatened to rape Oncale.
Jenson v. Eveleth Taconite Co.: Charlize Theron’s starring role in the 2005 movie “North Country” tells the story of Lois Jenson, an employee at the Eveleth Taconite Co. mine in Eveleth, Minnesota during the 1970s and 1980s. At the mine, Jenson and other female employees were regularly harassed by male workers in a sexual, threatening manner. When Jenson first filed a complaint, “her car tires were slashed,” and the company refused to pay for replacements. This case, which was filed in 1988, was the first class-action sexual harassment lawsuit in the United States. Through various hearings and trials that lasted well into the 1990s, Jenson and the other plaintiffs eventually settled with the Eveleth Taconite Co. for $3.5 million.
According to HR World, the “bizarre” sexual harassment cases included the following:
S.A.C. Capital Advisors LCC: In 2007, a shocking scandal erupted at $14 billion dollar hedge fund company SAC Capital Advisors. Former employee Andrew Tong filed a lawsuit against his supervisor Ping Jiang, for allegedly forcing Tong to take female hormones and wear female clothing in order “to eliminate the trader’s aggressive male attitude so he could become a more obedient and detail-oriented player” at work. S.A.C. Capital Advisors and Ping Jiang “vehemently deny the charges.”
Koko the Gorilla: Francine “Penny” Patterson, president of The Gorilla Foundation, was accused by two former employees of trying to force the two women to expose their breasts to a gorilla named Koko. Nancy Alperin and Kendra Keller, who sued the Woodside, California-based foundation for more than $1 million, claimed that they were fired for refusing to show their breasts to Koko. According to the complaint, “On at least two incidents in mid-to-late June 2004, Patterson intensely pressured Keller to expose herself to Koko while they were working outside where other employees could potentially view Keller’s naked body. … On one such occasion, Patterson said, ‘Koko, you see my nipples all the time. You are probably bored with my nipples. You need to see new nipples. I will turn my back so Kendra can show you her nipples.’” The Gorilla Foundation ultimately reached a settlement with Alperin and Keller.
The final section is what HR World calls the “borderline unbelievable” sexual harassment cases:
Lt. Gen. Claudia Kennedy and the U.S. Army: In 2000, the Army’s then highest-ranking female officer, Lt. Gen. Claudia Kennedy, filed a complaint after being inappropriately “fondled” by Maj. Gen. Larry Smith. According to Wikipedia: “Kennedy claimed that Smith had attempted to grope and kiss her; Smith’s appointment to the inspector general’s office was later withdrawn. In 2000, an inquiry by the United States Army’s inspector general concluded that Lt. Gen. Kennedy was a victim of inappropriate sexual advances from General Smith.”
Senator Bob Packwood: Former Oregon Senator Bob Packwood, who was chair of the Senate Finance Committee, allegedly sexually harassed 29 women through “groping, forced kissing and propositioning sex.” Packwood announced his resignation from the Senate on September 7, 1995, after the Senate Ethics Committee unanimously recommended that he be expelled from the Senate for ethical misconduct.
Professor James Maas: Following an investigation and hearing by Cornell’s Ethics Committee, Maas was unanimously found to have committed sexual harassment and was disciplined by the committee. The Dean of the College upheld the Committee’s decision. Maas then sued Cornell for breach of contract for failure to observe bylaws and procedures, and negligence. A state appeals court rejected Maas’ lawsuit which had challenged the procedures that Cornell used in finding him guilty of sexual harassment.
Custom Companies: Perry Mandera, the CEO of Illinois-based trucking company Custom Companies, allegedly subjected a number of female employees to sexual harassment, including inappropriate touching, sexual jokes, sexual advances, and a sexually charged atmosphere. The women claim to have also been “required to entertain Custom Companies customers and potential clients at a number of strip clubs on Kingsbury Street in Chicago.” The women were granted more than $1 million dollars in damages.
Anucha Browne Sanders v. Isiah Thomas: In 2006, New York Knicks VP marketing Anucha Browne Sanders accused head coach Isiah Thomas of sexual harassment. Sanders filed a lawsuit against Thomas, Madison Square Garden, and parent company chairman James Dolan. The jury ruled that Thomas sexually harassed Sanders and that Dolan fired Sanders in retaliation for complaining about the harassment. The jury awarded Sanders $11.6 million in punitive damages.
American Apparel CEO Dov Charney: According to the LA Times, Mary Nelson, a former sales employee, claims that Dov Charney “created ‘a hostile work environment‘ by using sexually explicit language and behaving in sexually inappropriate ways. During several meetings with her — including one at his home — he was dressed only in his underwear, the suit alleges. On another occasion, according to the suit, he appeared in a skimpier garment. Nelson, 36, who worked for American Apparel for a little more than a year, claims Charney also referred to women as ‘whores’ and ‘sluts’ and invited her to masturbate in front of him. Nelson’s suit alleges she was fired the day she consulted a lawyer.”
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12.07.10
Posted in Uncategorized at 10:39 pm by normarae2008
http://sexualharassmentsupport.org/speakupse/2010/01/30/supervisor-was-eager-to-support-me/
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08.29.10
Posted in Uncategorized at 9:11 pm by normarae2008
Now don’t get me wrong — I’m a huge Letterman fan. But I’m asking readers, lawyers, and HR practitioners to give their answers to the question based on what they’ve read about the case.
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08.03.09
Posted in Recent Cases and Headlines at 2:49 pm by normarae2008
Recently the Wall Street Journal reported an increase in sexual harassment complaints at the United Nations. The U.N. is a large, complex international organization with 60,000 employees.
The WSJ studied five of the recent sexual harassment complaints. Other reports indicated that the U.N. administrative sector was receiving approximately 8-15 cases per year. This rise in complaints led U.N. Secretary-General Ban Ki Moon to issue the following bulletin to all U.N. employees: “any form of discrimination, harassment including sexual harassment and abuse of authority is prohibited.”
The complaint system within the U.N. is reported to be voluminous and complicated. The Secretary-General vows to get a handle on the harassment issues.
Even in an organization designed to promote peace and harmony among world leaders, harassment can be an issue.
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07.13.09
Posted in Examples of Unwanted or Unwelcome Harassment in the Wor at 3:27 pm by normarae2008
Sexual harassment and other workplace violations continue to raise questions for employers and employees alike. Although progress has been made, there is considerable evidence that further education and promotion of harassment-free workplaces are required not just in California, but across the nation.
Before I discuss a recent case that was presented to me, let’s establish a common framework for the definition of sexual harassment as provided by the Equal Employment Opportunity Commission:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”
Who can be a victim? The victim can be a member of either sex, and doesn’t have to be a member of the opposite sex. The harasser can be the victim’s supervisor or manager, an agent of the company, a supervisor from another part of the company, a contractor of the company, or a non-employee.
It’s important to note that sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
With a common framework established, I’ll review a case I recently received from a woman who works as a cocktail waitress. She wrote to me at my website at www.stopworkplaceharassment.com, and told me that she was quite distressed over the treatment she was receiving from her boss. He was allegedly touching her in sexually unwelcome ways, and he had threatened to terminate her employment if she didn’t provide sexual favors in return for her continued employment.
My initial reaction would be to quit the job, but this individual needed her job and was fearful of finding another job in a lackluster economy. She also expressed concerns that just because she wore revealing “cocktail” outfits to work, she was partly responsible for her dilemma and would not have a basis for a claim of sexual harassment. I’m not a lawyer, but I explained to her that I’ve had 28 years in Human Resources work. I would believe that her clothing had limited if any bearing on her case, because her clothing was her “work uniform” for that line of work. Although I didn’t have the opportunity to interview her boss and conduct a thorough investigation of all parties, I anticipate that she is entitled to the same protections under the law that all employees are entitled to, regardless of what she wore to work. Her boss’s actions, requiring an alleged “quid pro quo” form of sexual harassment, if found to be true, could very well be a form of sexual harassment and a violation of Title VII of the Civil Rights Act. I strongly encouraged her to prepare her notes and file a complaint with the owners of the restaurant, and if that didn’t work to talk with legal counsel for further evaluation of her case.
Harassment is an unfortunate occurrence that creates hostile feelings, disappointment, and a breach of trust. It has a painful way of severing the most positive of work relationships, and it can prove costly in many ways. Providing a harassment-free workplace is a key to promoting a positive company culture. Every employee should work towards these ideals, but senior management should exercise due diligence to provide moral leadership and send the message that discrimination in any form will not be tolerated.
Special thanks to the Equal Employment Opportunity Commission for their definition of sexual harassment.
This article reprinted from www.examiner.com
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06.28.09
Posted in Examples of Unwanted or Unwelcome Harassment in the Wor at 4:23 pm by normarae2008
HR World just published a list of history making sexual harassment cases which are quite interesting to review. The list includes President Bill Clinton and Monica Lewinsky; Bill Clinton and Paula Jones; Kobe Bryant and a Colorado teenager; Anita Hill versus Clarence Thomas, and several other landmark as well as somewhat creepy cases.
Each case includes a brief description of the matter including the allegations and their final disposition. The review covers many years of sexual harassment case law and interpretation of sexual harassment behavior, and demonstrates the impact harassment has had on our social and corporate behaviors.
Reviewing these cases is a good source of education, and helps us remember past mistakes in an effort to prevent further harassment in the future.
I encourage our readers to visit www.hrworld.com and enter “top sexual harassment cases” in the search feature.
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06.16.09
Posted in Uncategorized at 9:23 pm by normarae2008
There’s been a lot of activity and proposed legislation in numerous states, California included, about new bullying laws. So what exactly is bullying and how does it affect both employees and employers in 2009?
Bullying is the repeated use of aggressive or unreasonable behavior against employees. It can come in the form of verbal, physical or even psychological formats. Several states are seeking new legislation to fight this form of harassment, and some have made significant progress. I reported on Massachusetts recently on my website, and the work they’ve been doing. California has a number of efforts underway as well. As I reported last Month following my article on Massachusetts, this type of abuse is four times more prevalent than sexual harassment alone.
This is clearly a growing problem for a violation of people’s rights that aren’t protected by Title VII of the Civil Rights Act. The Massachusetts targets workplace harassment, bullying, and mobbing without regard to protected class status.
In my efforts to promote education and awareness of workplace harassment, I met a documentary producer out of New York, a hardworking, creative and dedicated woman named Beverly Peterson. She works with a group called No Job Is Worth This. I’ve promoted her videos dealing with workplace bullying on my website, and I’ll reference her website below. I welcome your comments or help introducing other related groups you’d like us to contact and promote in this site. I’m very interested in sharing information for a worthy cause, and to improve the workplace experience for everyone.
Please visit www.nojobisworththis.com and view all of Ms. Peterson’s documentaries on bullying and workplace harassment. After you’ve viewed her documentaries, I welcome an exchange of opinions and dialogue on this important subject, so please write to me to express your views.
Please write to me at this address or my private email at normarae2008@gmail.com to give me your ideas, insights, or other topics you’d like us to consider.
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