03.18.11
HR World publishes top sexual harassment cases in history.
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.”
12.07.09
Sexual Harassment Victims Wanted: 1960 – 2009
If you or a family member was a victim of sexual harassment prior to 1964 when Title VII of the Civil Rights Act was written, I’d like to hear from you. By the same token, if you’ve suffered sexual harassment since Title VII went into law I’d also like to talk with you.
I’m working on a new project in which I’m hoping to connect women from the 1960’s (and/or their relatives) when we didn’t have legal protections against sexual misconduct in the workplace, with women who have suffered the same offenses from 1964 well into the 21st century. What will we discuss? The environment, human behaviors, and workplace policies in comparison from then to now. What will we learn? We hope to learn how much or how little has changed in the workplace in spite of the laws to protect working men and women. How will we use this data? My goal is to collect all of the information and feedback and incorporate it into a book that in turn may help educate business and government on what still needs to be done to protect women in the workplace and improve Title VII protections.
Every case is unique and complicated. Every victim of sexual harassment has a different story to tell that is not a cookie cutter of someone else’s story. Every women has a right to tell her story and have it heard, and hopefully make a difference in our efforts to change the way we deal with sexual misconduct in today’s working environment. Women learn from each other’s experiences, and as a special niche group women who have suffered harassment have stories that are powerful and that collectively can change things. My goal is to gather up the power of these women and put it to use to affect change in how we manage corporate policies, codes of ethics, and develop new laws to protect the rights of men and women in the workplace.
If you were affected by the devastation of sexual harassment during those years, and are willing to share your story not only with me but with someone else who experienced similar job-related issues, I strongly encourage you to contact me either at this website or on my personal email posted above and/or at humancapitalachievement@hotmail.com. I sincerely hope to hear from you as we dig deeper to discover how much work we still may need to make in the education, awareness, and development of tougher laws to protect women and men against sexual harassment in the workplace. All of your comments and your name will remain confidential, so please do not fear contacting me. I sincerely hope to hear from you.
05.21.09
Can My Employer Do This
I encourage you to read an e-mail I received from a reader today. It’s listed in the “comments” section following “A Reader’s Question Regarding Sexual Harassment Training.” Her e-mail presents several allegations of workplace harassment, including unwanted touching, and retaliation. The sexual harassment was directed at other women besides herself, and she complained that her company culture does not work to investigate and resolve such complaints with a clear human resources policy and practice, but rather appears to hold the victims accountable and blames them for being trouble makers.
In her letter, she complained that another victim was forced to sign an Arbitration Agreement after she filed a sexual harassment complaint. When she refused, she was allegedly fired for being a trouble maker ( this occurred after the company slowly cut back her hours). This type of company response may appear to be retaliatory, and certainly was causing our reader to think twice about filing a complaint about the hostile work environment she was working in.
What complicated matters was that the Owner of the Company was also the Acting Head of Human Resources. So, where does one go to file a complaint in such a situation? As I told the reader in my comments back, if you can’t file a complaint internally, you can always contact the Equal Employment Opportunity Commission, but that must be done in a timely basis. Secondly, it is wise to consult a local labor attorney who specializes in workplace harassment. No one should suffer any form of discrimination, and Title VII was designed to protect all of us from any form of discrimination and workplace harassment. If you believe you’ve been unlawfully treated, get legal advice and protect your civil rights. No one should have to work in a corporate culture similar to the one my reader described. No one.
4/21/09 EEOC Reports 15,000 New Cases Annually
Reprinted from an earlier blog entry in stopworkplaceharassment.com – EEOC Reports 15,000 New Sexual Harassment Cases Yearly
Posted in Recent Cases and Headlines, This Month’s Major Topics at 6:58 pm by normarae2008
The Equal Employment Opportunity Commission reports that there are approximately 15,000 new sexual harassment cases filed each year. What about the hundreds or thousands of cases that don’t get filed due to embarrassment, humiliation, loss of self-respect, fear of losing one’s job, retaliatory threats, or other concerns that keep women from filing complaints?
Many women are too fearful to file a complaint, and some don’t know the procedure. Human Resources organizations are oftentimes too short handed to provide the requisite training for management and for general employee populations to ensure that the laws are followed, so harassed employees are left no choice but to suffer in silence.
Have you been harassed and are afraid to report your treatment? We want to hear from you. We might be able to help you out with help and referrals for counseling, legal recommendations and education. Please write to us and tell your story. We’re just a click away.
Sexual Harassment…Bullying…Verbal and Emotional Abuse…I’m conducting a national survey. If you’re from New York, Los Angeles, Witchita, or other beautiful parts of the country, take a minute and think about someone you know who was harassed at work. Maybe it was you. It could be from a current or former work experience. Why do you think the company didn’t respond? Is it bad management? Poor company policies? Weak corporate values? Or was the harasser innocent? We’re trying to find out.
I’ve received e-mails from several women and there are many reasons out there. I’ve worked in business for 28 years and I’ve heard lots of excuses, and justifications for alleged misconduct. Some companies have poor policies, others don’t take harassment very seriously. In some cases the alleged harasser was innocent. In other cases, the victim didn’t want to lose her job so she didn’t press charges. There are lots of reasons, so we’re trying to build a spread sheet containing as much data as we can collect from our readers. If you saw something, know something, or have some information related to harassment and can help us fill in the blanks, please send us your comments.
Please take a few minutes to think up a few of the primary reasons why nothing (or something) is done to stop such misconduct and simply log your thoughts in the comments section. I’ll provide a report as soon as we get some feedback. We’ll be promoting this survey on Twitter, ehow, and on this site. If we get enough input, we’d like to forward the results to our legislators and use this data to help evaluate how effective our current laws are in enforcing anti-harassment policies at work.
Your comments may focus on sexual harassment, bullying, or any other forms of workplace injustice. Thanks for your input.
