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.”
No Job Is Worth This
The folks behind the website nojobisworththis.comhave been busy producing several videos in the fight against workplace harassment and bullying. I encourage our readers to visit their site to view all of their videos and get involved in their fight to put an end to workplace harassment. They have an active campaign to encourage Congress to sign new laws into effect to support employees and fight abuse in the workplace.
Visit their website and take a few moments to view their videos and get involved. You can also find Beverly Peterson’s videos (she produced the documentaries) on Youtube. I ran one of her videos for a few weeks and will be running another beginning tomorrow. nojobisworththis is a thoughtful organization with a meaningful purpose and a strong commitment to making a powerful difference on the fight against abuse.
A Reader’s Questions Regarding Sexual Harassment Training
A reader had a question regarding Sexual Harassment Training for managers and supervisors. In California, and for companies based outside of California with operations in California, AB 1825 was signed into law on September 30, 2004 by California Governor Arnold Schwarzenegger. This new law requires all companies which employ more than 50 employees to provide supervisors with 2 hours of sexual harassment training every two years. The first round of training had to be completed by January 1, 2006.
The 50 or more employees includes contractors and temporary employees. It’s worth mentioning again, that if a company is headquartered in another state but has employees operating in California, no matter how few, it is required to offer the training. There were some challenges to the bill by out-of-state employers who have less than 50 employees actually based in California, but the California Housing Commission ruled that the total number of employees working for the company determined whether or not AB 1825 was required, not the number physically located in the state of California. In addition, they ruled it is better to be safe than sorry, so it’s a wise business decision to train every supervisor rather than face the prospects of being out of compliance.
This law has also been adopted in other states, and has generated hundreds of hours of training programs. New hires must be trained within six months of hire, and government compliance must be strictly adhered to. Companies who fail to meet this legally required training could face critical penalties in the event of a sexual harassment complaint.
Regardless of which state you are from, does your company offer sexual harassment training to your managers and supervisors? Does it offer training to all employees? If you want to find out about sexual harassment training, the first step is to contact your Human Resources or Personnel Department, and your department Supervisor to learn more about company programs. If your company does not offer training, contact us for more resources on how to initiate sexual harassment awareness, education and training.
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Egypt Declares Anti-Harassment Day – Sexual Harassment is Worldwide Issue
Global Voices Online » Egypt Declared Anti-Harassment Day
By Marwa Rakha
Asser says: “After the acquittal of my harasser I realized that the law is full of loopholes and our only hope is to call for an anti-harassment law and that the members of the Egyptian Parliament realize that this is a unanimous call from all Egyptian women and … Having said that, and in light of the growing rates of sexual harassment in Egyptian society, one can devise a remedy that takes advantage of that preoccupation with one’s image in the eyes of the community. …
Global Voices Online – http://globalvoicesonline.org/
This article was referenced from an article written by Marwa Rakha, and is included on this webpage in respect to the victims of harassment in Egypt and in other countries around the world.
Editor’s Note: the day was acknowledged on April 18, 2009
New Articles on eHow for Sexual Harassment Training, Development and Assertive Communication
I wrote some articles on ehow regarding new approaches to sexual harassment training, and sexual harassment policy development. I plan to write additional articles in the future. If there’s a topic you’d like to see covered, please write to me. You can find my articles on my site or on ehow under their Business section. Thanks
Hispanic Workers Targeted for Workplace Abuse and Discrimination
A recent report released in April of 2009 by the Southern Poverty Law Center illustrates some troubling survey results featuring 500 low income Latinos – including legal residents, undocumented immigrants and U.S. citizens from five separate locations in the South. The locations were Nashville, Charlotte, New Orleans, rural southern Georgia, and cities in northern Alabama.
The survey shows that many of these employees were subject to discrimination and violations of civil rights and other workplace abuses. They also faced poor working conditions, were cheated out of wages, and denied basic safety and health protections.
The report clearly indicated that reform legislation is needed in order to protect these victims from labor and civil rights violations. Many of these victims, like most victims of workplace harassment, do not file complaints for fear of retribution, or termination of employment. For more information on this report, please go to www.splcenter.org, and review the full study titled “Under Fire: Life for Low-Income Latinos In The South.”
New Articles on eHow for Sexual Harassment Training and Assertive Communications
I wrote some articles on ehow regarding new approaches to sexual harassment training, and sexual harassment policy development. I plan to write additional articles in the future. If there’s a topic you’d like to see covered, please write to me. You can find my articles on my site or on ehow under their Business section. Thanks.
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.
