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Sunday, May 23, 2010

Million Dollar Settlements in a Pair of Sexual Harassment Cases

2010 has seen some big-time settlements and judgements in cases involving sexual harassment, gender bias and discrimination. In cases across the United States, judges and juries are sending a clear message that these kinds of behaviors in the workplace will not be tolerated. So it's no wonder many companies and organizations are choosing to pay out large settlements before things get ugly and reputations get destroyed. These settlements not only prevent the victims of sexual harassment from reliving the often traumatic experiences in a courtroom but they can help the accused businesses avoid a public relations nightmare. Two recent cases show that settling out of court in sexual harassment cases can be beneficial for all parties involved.

Earlier this month, an employee at Washington's Western State Hospital, who said she was sexually harassed while on the job, received a nearly $1 million settlement. The Department of Social and Health Services (DSHS) and the Washington Federation of State Employees agreed to settle before the case went to trial. The DSHS said that the state will pay $795,000 while the union will pay $200,000. Neither establishment has admitted guilt or wrongdoing in the case, but has agreed upon the total settlement instead of going to trial.

In April, another big settlement in a sexual harassment case was awarded to two female sheriffs in New Jersey. Litigation in the case dragged on for nearly seven years after the two women filed a sexual harassment lawsuit in 2006; the lengthy paper trail led investigators back to March 2002, when the initial complaints were filed in Middlesex County. One day before the case was scheduled to go to trial, the lawyers for the Middlesex County Sheriff's Department decided to settle, paying out $1.59 million to the former sheriffs. Both women complained of a sexually charged and hostile work environment. They claim to have endured years of lewd comments, indecent propositions and lewd behavior from fellow officers and supervisors. Like the previous case, Middlesex has admitted to no wrongdoing despite agreeing to pay the $1.59 million settlement.

Tuesday, April 20, 2010

Deputy Awarded $350,000 in Sexual Harassment Case

Many people have theories about why there has been an increase in reported male-on-male sexual harassment lawsuits. Some blame tough economic times for the sudden increase, while others believe such occurrences are common just never talked about. Others even refuse to believe sexual harassment of any kind can happen in the workplace. Regardless of how you feel personally, judges and juries around the country believe that male-on-male sexual harassment is a very real and dangerous phenomenon.

On March 30, Los Angeles Superior Court Judge James R. Dunn ruled in favor of Deputy Robert Lyznick who was sexually harassed for several months in 2007 by his male supervisor, Sgt. Charles Dery. The deputy was awarded $350,000 by Judge Dunn, an amount for which both the county and Dery are jointly liable.

Assigned to the Metrolink station in 2006 after he was demoted for punching a deputy in East Los Angeles, Dery met Lyznick and his brother who were officers who patrolled the various Metrolink trains that passed through the Chatsworth station. The officers provided protection for passengers, patrolled for illegal activity and verified if passengers had paid their fares. Dery allegedly made sexual comments, touched Lyznick inappropriately and discussed lewd sexual acts while on duty.

Dery filed a countersuit against Lyznick, his brother, and motorcycle shop owner Mark Shiva. Dery claimed the three men destroyed his reputation and defamed him with their allegations. Dery’s legal team contended that the Lyznicks were facing difficult financial times and that is why they pursued a sexual harassment suit, although Lyznick was not the first to complain about Dery, according to the lawsuit. Attorneys for Dery say that the sergeant retired, while Lyznick’s lawyers claim that the allegations were the reason he quit. Judge Dunn found all three men named in the countersuit not liable.

Thursday, April 15, 2010

Sonic Drive-In Settles EEOC Sexual Harassment Suit

Driving through fast-food places to satisfy our cravings for ice cream shakes and french fries, we rarely think about the work conditions people behind the counters deal with. Many of these workers are teenagers or young adults entering the professional workforce for the first time. Unfortunately, they are naïve to their rights and uncomfortable speaking up if they are treated unfairly by their employers.

Seventeen-year-old Erin Schwarzbach of Grapevine, Texas, however, wasn’t shy about speaking up when she was sexually harassed by her former manager. In October 2006, Schwarzbach filed a sexual harassment suit with the Equal Employment Opportunity Commission in the U.S. District Court for the Northern District of Texas, Dallas Division. Last week, Sonic Drive-In settled in favor of Erin Schwarzbach for $31,000. Under the settlement, Sonic has agreed to mandate corrective antidiscrimination measures and enforce antisexual harassment training in addition to the monetary amount.

Schwarzbach, a star student and academic leader at Colleyville Heritage High School, was repeatedly sexual harassed by her general manager at a local Sonic Drive-In restaurant. According to the lawsuit filed by the EEOC, restaurant manager Shawn Sadler subjected the girl to indecent comments, including puckering his lips to ask the girl for a kiss, simulating oral sex, and discussing sexual acts with the minor. Schwarzbach soon told her mother about the incidents who in turn complained to Sonic’s corporate officials. The company, according to the EEOC, failed to conduct a complete investigation and did not properly discipline Sadler even though they did acknowledge that his behavior was inappropriate.

Various Sonic franchisees have been subject to lawsuits over the last few years. In October 2009, a franchisee of Sonic in Los Lunas, New Mexico, was sued by the EEOC for sexual harassment and retaliation. Another Sonic located in New Orleans, Louisiana, was sued by the EEOC for disability discrimination.

Now a junior at the University of Texas, Erin Schwarzbach is hoping her case inspires other young women to speak up against sexual harassment in the workplace.

Monday, April 05, 2010

Sexual Harassment Claims on the Rise among Men

The Equal Employment Opportunity Commission, while acknowledging that women continue to file the majority of sexual harassment claims, says there has been an increase in sexual harassment claims made by men. The EEOC released a report earlier this month that shows the number of harassment claims filed by men doubled between 1990 and 2009, a jump from 8 percent to 16 percent. The report also notes that most of the men who have filed complaints have experienced harassment by other men.

According to the EEOC, men are often targets of harassment because they are “gay, perceived as being gay or not masculine enough for the work setting.” The precedent for protection against discrimination from members of the same sex was set when the Supreme Court recognized male-on-male harassment in its Title VII ruling.

Many sexual harassment cases involving men in recent years have made the news: Just last year, the EEOC’s Phoenix office filed a suit against popular restaurant chain The Cheesecake Factory after six male employees said they had been groped and sexually harassed by male coworkers. As a result, The Cheesecake Factory was ordered to pay over $300,000 in damages. Another case was filed the same year against Cintas Corporation, a Cincinnati-based company that manufactures professional uniforms. According to the lawsuit, two former male employees alleged that a coworker at the company’s Pennsylvania location groped them and made unwanted sexual advances. Perhaps the highest profile allegations of male-on-male harassment recently came out of Washington D.C. Just last month, New York congressman Eric Massa announced his retirement amid allegations that he sexually harassed a former male member of his staff.

Notorious headline-garnering cases aside, the EEOC is quick to note that number of men reporting sexual harassment has grown but is still not as large as the number filed by women. In fact, the numbers of harassment cases filed by women has also grown since 1990.

Saturday, April 03, 2010

Jesse James’ Sexual Harassment Lawsuit Returns to Haunt Him

Among the many skeletons tumbling out of Jesse James’ closet after his marital troubles, has been an old sexual harassment lawsuit filed back during the last decade. The lawsuit was filed in April 2000, by a former employee Deann McClung and alleges that James made offensive physical contact with her while she was working for him at West Coast Choppers.

According to court records, James went on to countersue McClung, but the two lawsuits were dismissed in 2001. It is highly likely that an out-of-court settlement was reached. According to McClung, she was hired by the motorcycle shop in 1999, but was terminated once she made the allegations of harassment against James. That termination came less than a year after she began working at the shop. According to the lawsuit, James made several sexual propositions and made lewd comments aimed at her in the workplace.

James is hardly the very first celebrity to be accused of sexual harassment. Last year, late-night comedian David Letterman was at the center of a raging controversy after he admitted that he had had several affairs with female employees. The affairs only came to light when Letterman was forced to come clean about the affairs after he was blackmailed.

It also raised questions about whether Letterman exposed himself and the folks at CBS to sexual harassment lawsuits, as a result of those affairs with female employees.

Unfortunately, what seems like a romantic relationship to a male superior is very often far from it for the female employee who is the object of these attentions. It's very likely that female employees in lower positions feel the pressure to go along with the relationship because of their anxieties about their jobs. California sexual harassment lawyers had raised those questions after Letterman went public about his affairs. How much were these really “affairs” and how much was it a case of female employees being afraid to refuse the attentions of the boss, especially in a highly competitive world like late-night comedy, where women rarely, if ever, make a mark.

Friday, February 26, 2010

Sexual Harassment at the Workplace

The beautiful, passionate films of director Jane Campion like the Oscar-winning Piano and 2009's Bright Star are filled with intense sexually charged relationships and encounters. But the current story line of sexual harassment and mud slinging that the director finds herself embroiled in is more like the plot of a scandalous novel. It all took place at the India International Women Film Festival in Deli last December. Festival organizer Shyamali Banerjee asked Jane Campion to premiere Bright Star at the event. The director agreed, undoubtedly believing that this event would be a fantastic venue for her latest film. These feelings of goodwill and admiration, however, would not last long. 

The Times of India reported earlier this week that Campion had filed a complaint against Banerjee's husband Bhaskar Deb for sexual harassment. British tabloids picked up the story as well, and by midweek Campion found herself forced to make a statement of her own. The director claims that while she personally wasn't sexually harassed by Bhaskar Deb, she has knowledge of three delegates who indeed did have bad experiences with him and are filing official complaints. Her statement goes on to state a litany of grievances with the festival and its organizers including the last minute cancellation of her film premiere, non-reimbursement for travel arrangements and other broken promises.

More lurid details of the sexual harassment incidents have surfaced in various press outlets accusing Deb of drunkenly propositioning the women while offering them alcohol. The Indian authorities are currently conducting an investigation into the charges of sexual harassment. Meanwhile, Deb has denied the claims to the Indian Press and has repeatedly called Campion a racist.

Sordid details and name calling aside, sexual harassment should be taken seriously. Whether you are an Oscar winner or a teacher, sexual harassment is an embarrassing drama that few want to admit and fewer want to publicly discuss. So big names like Jane Campion could potentially help bring the issue back into the public's consciousness and make it something we recognize as unacceptable and not just fodder for tabloids.