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.”
05.21.09
The Supreme Court’s Definition of Sexual Harassment (Republished from December of 2008)
The statutory basis for the prohibition against sexual harassment is Title VII, which prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment on the basis of an individual’s race, color, religion, sex, or national origin. Sexual harassment claims are divided into two categories: quid pro quo and hostile workplace environment. Quid pro quo harassment occurs when an employer or supervisor takes tangible employment action against an employee because of the employee’s unwillingness to provide sexual favors. The more controversial hostile workplace environment claims were initially recognized by the Supreme Court in Meritor Savings Bank, SFB v. Vinson (1986). In that case, the Supreme Court interpreted an Equal Employment Opportunity Commission (EEOC) regulation, 29 CFR 1604.11(a) (1985), which defined sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” The court ruled that to be actionable, the harassment must be severe enough to alter the employee’s conditions of employment, creating what has become known as a “hostile environment.”
Subsequently, in Teresa Harris v. Forklift Systems, Inc. (1994), the Court clarified the previous ruling by explaining that the existence of a hostile environment can be determined “only by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance” (p. 369).
One issue that initially caused confusion was whether an employer could be held liable for sexual harassment by a supervisor when the employee suffered no tangible economic loss. In companion decisions in Ellerth v. Burlington and Faragher v. City of Boca Raton (1998), the high court ruled that an employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. However, when no tangible employment action is taken, a defending employer may raise an affirmative defense to liability by showing that (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and (b) the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise. No affirmative defense is available, however, when the supervisor’s harassment culminates in a tangible employment action.
One final controversial matter the Supreme Court had to resolve was whether one could sexually harass someone of the same sex. Initially, same‐sex harassment was not considered sexual harassment, but, in the case of Joseph Oncale v. Sundowner Offshore Service (1998), the Supreme Court broadened the interpretation of the law and held that nothing in the act bars a cause simply because the plaintiff and defendant are members of the same sex. The critical issue, Justice Antonin Scalia wrote, was “whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed” (p. 78).
Referenced by Nancy K. Kubasek of Answers.com
