SEXUAL HARASSMENT / HOSTILE ENVIRONMENT
Representative Cases
- Settled two related lawsuits, the first of which involved Plaintiff who worked as a technician for a well-known disaster relief organization. She claimed she had been sexually harassed (touching as well as verbal and leers) by a frequent donor who often came to the facility at which she worked to make his blood donations. She had alerted her supervisors to the claimed misconduct and alleged nothing was done to counsel the donor or prevent its recurrence. She alleged significant emotional distress damages and claimed she was traumatized by the experiences, which caused long-term injuries. Plaintiff brought suit against the organization and also against the individual donor defendant. The organization was represented at the mediation by a major law firm. The individual defendant donor was represented by a law firm hired by his homeowner insurance company which was defending under a reservation of rights. The carrier had also brought a separate lawsuit against its insured for declaratory relief arguing intentional torts were not covered. The settlement of the harassment lawsuit required engaging the individual donor defendant and the insurance company to also separately settle the declaratory relief lawsuit which was filed in a different court.
- Resolved a case in which the Plaintiff sales employee sued her employer, claiming she had been raped by a co-worker at a national sales meeting. The co-worker had been sued but settled earlier by paying the policy limits of his homeowner’s policy which had tendered a defense for him. Plaintiff contended that the Company had encouraged a sexually provocative atmosphere among its young sales force employees by serving unlimited alcohol and encouraged parties after the meetings concluded. She also produced evidence that the CEO of the Fortune 500 company had fostered the climate by hosting parties with extramarital affairs at his private residence and frequently made risqué comments about female employees at award ceremonies and the like. Plaintiff sued the alleged rapist (her co-worker), as well as the Company. The co-worker claimed Plaintiff had consented to their sexual encounter and willingly accompanied him to change into her bikini in his hotel room. The employer contended it did not foster a sexually charged atmosphere among its sales force. It further contended it had no knowledge of the sexual proclivity of the alleged co-worker perpetrator and that Plaintiff had months before complained to her fellow employees she was offended by her married co-worker’s advances to her and other females at previous sales meetings. Defendant employer further contended if Plaintiff had no expectation of the co-employee’s aggressive sexual tendencies such that she willingly accepted his invitation to go to a late night jacuzzi party, and to change into her bikini in his hotel room, then the employer could hardly be accused of knowing of the male employee’s priorities or be charged with failing to prevent harassment. Plaintiff claimed she had been a virgin and offered psychiatric testimony of her emotional distress damages.
- Settled a case where an employee claimed he was constructively discharged because he had been continuously sexually harassed by co-workers and a supervisor had witnessed some of the hazing/harassment. The company contended the employee had told the HR Department he was resigning because he didn’t like the work he was assigned to and believed it was different than described in his job interviews.
- Resolved a case in which Plaintiff contended she was terminated after witnessing and complaining about rampant sexual comments in the workplace resulting in a hostile environment. Defendant contended it investigated her complaints and found no corroborating evidence, and the termination was based on Plaintiff’s unexcused failing to attend mandatory sales meeting.
- Resolved a case in which Plaintiff was a temporary employee assigned by a staffing agency to a food distribution company. She claimed she was the victim of ongoing sexual harassment by her Supervisor at the Company, who constantly asked her for dates and would inappropriately touch her. She claimed he threatened her that he would get her fired if she refused his requests to go out with him and when she rebuffed his advances, she was terminated. She sued the Company and the staffing agency for the sexual harassment, failure to prevent harassment and wrongful discharge. The distribution company’s supervisor denied all the allegations against him, and both the Company and the staffing agency claimed no knowledge of any harassment or of any complaints whatsoever by Plaintiff. They each insisted Plaintiff was terminated when the temporary job Plaintiff was hired for ran out of work.