Sexual Harassment against women in military – Watch This Video and Tell Us Your Thoughts
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.”
01.25.10
Getting Steamed over Starbucks’ Sexual Harassment Case
I was appalled over a broadcast I saw last week on ABC’s 20/20. They reported on the case of Kati Moore of Orange County, California, a 16 year old barista who was allegedly sexually harassed by her supervisor.
Miss Moore claims that her supervisor, Tim Horton, sent her numerous illicit and in many cases sexually explicit text messages indicating times and places where she was instructed to meet him to provide sexual favors. Mr. Horton plead guilty to criminal charges of having illegal sex with a minor and served 4 months in prison, but both he and Starbucks are now awaiting the outcome of the pending lawsuit.
I don’t know any of the parties to this lawsuit, nor do I know what really transpired between the under age employee and her supervisor. However, what disturbs me the most about this case is two fold: one, the supervisor already plead guilty to having sex with a minor. Starbucks should have a clear management training policy that includes sexual harassment training (Mr. Horton claimed in his deposition that he was only shown a manual on sexual harassment, but was not offered actual training). Starbucks had an obligation to protect their employees and provide managers with not only sexual harassment but with education on how to work with minors. Secondly, the Vice-President of Human Resources for Starbucks made an outrageous claim on 20/20, citing that Miss Moore’s parents did a poor job of raising her with proper values.
I’ve been a Human Resources Vice-President myself for 20 years, and I’ve never accused a family member of poor values training when my company was faced with potential litigation. The legal approach Starbucks is taking to defend its actions in the face of their own supervisor having sex with a minor, and destroying her credibility by basically interviewing all previous boyfriends (to make her look like a whore) is disappointing.
This case makes me want to reconsider where I buy my latte’s in the morning. I will try to follow the trial when it begins and provide updates to this website.
07.13.09
Can A Cocktail Waitress File a Sexual Harassment Charge?
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
06.28.09
History Making Sexual Harassment Cases Covered in HR World
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.
06.03.09
A Quick Overview Of Some of The Cases We’ve Helped
I began this blog last December, and since then we’ve received over 5,000 visitors. I’ve also received private e-mails that I’ve responded to with (hopefully) helpful advice and coaching for women who have been victims of alleged sexual harassment. Here are some highlights of their stories. I’ve protected their anonymity at their request so I will summarize their experiences and will not use their real names:
“Susie” worked in a hospital and was being touched inappropriately by a male co-worker. She shared her entire story with us and wanted help with approaching her Human Resources department so that she could manage her complaint on her own. We provided information, coaching, and help with her preparation for that HR meeting.
“Sandy” works in a cocktail restaurant/bar and was subject to frequent fondling and sexual demands by her superior. He also held her job over her head unless she returned sexual favors to him. We provided comparative analysis of her situation against a hostile work environment and quid pro quo harassment as identified in Title VII of the Civil Rights Act. We discussed her options to file a complaint with restaurant management or other options.
“Sally” was complaining about being docked in pay, and was quite upset about it. She was concerned about being told to “calm down,” and was wondering if such a reference was harassment. After we explored her situation further, we assured her that it probably wasn’t a case of harassment, but that the wage mistakes needed to be corrected in a timely basis and she should consult with her union representative and/or the labor board if the situation persisted. As it turned out, the wage issue was an error and was supposed to be corrected.
“Two teenagers” wrote to me about problems being stalked by older men. In one case, a considerably older man was doing lewd and sexual acts over the internet, and in the second case, and older man was doing lewd acts over his cell phone. In both cases I encouraged the young women to stop all conversation with the men, and report the incidents to their parents even though it would be a hard thing to do. I also told them to contact the police and file complaints about the men’s behavior. I was assured that both of these women were going to follow this advice.
I’ve met other women in the past six months, but these cases represent the kinds of issues that I’ve received. If you have a question, or problem, no matter how large or small, please contact me at normarae2008@gmail or at this blog site. My goal is to help as many women as I can as we sort out the questions and challenges of sexual harassment.
Thanks for reading and writing – Normarae
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.
