Articles Posted in Sexual Harassment

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Three employees of the King County Sheriff’s Office will reportedly receive $1 million as part of a workplace sexual harassment settlement. In their lawsuit, three female Sheriff’s Office workers claim two of their male supervisors in the Special Assault Unit made lewd comments and exhibited other inappropriate behavior towards them. The two men are also accused of mocking the sexual assault victims the department works to protect and engaging in retaliation against the three women. According to the female employees, their formal complaints regarding the inappropriate conduct were dismissed or ignored for several years. Because of the County’s alleged indifference to the offending behavior, the women eventually filed a sexual harassment lawsuit that was accompanied by the sworn statement of at least six current and former Sheriff’s Office workers.

Prior to settling the case, a newly elected Sheriff, John Urquhart, transferred the two men accused of perpetrating the alleged harassment to different units. In the case, the women sought a combined total of up to $9 million in compensation for the emotional distress each female employee reportedly endured at work. Following mediation, the women agreed to split a $1 million sum three ways. The plaintiffs also demanded that the Sheriff’s Office provide annual sexual harassment training to workers and issue a formal apology. King County agreed to comply with both additional demands, but refused to admit liability as part of the settlement agreement.

Although this case occurred in Washington, it shows that sexual harassment can happen at any workplace. In New Jersey, most employment law complaints allege sexual harassment or sex discrimination. According to data from the United States Equal Employment Opportunity Commission, more than 600 sexual harassment or discrimination cases were filed in the State of New Jersey in 2011. Additionally, the number of sexual harassment claims filed in New Jersey has reportedly increased by approximately 10 percent since 2006. If you believe that you suffered workplace sexual harassment or discrimination, you should discuss your rights with a skilled New Jersey employment lawyer.
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New York Attorney General Eric T. Schneiderman recently announced that his office has settled a sexual harassment and pregnancy discrimination lawsuit filed against a Syracuse mortuary school and its president in 2011. As part of the settlement, the Simmons Institute of Funeral Services and Maurice Wightman agreed to pay restitution to a number of former instructors and students who filed complaints against the school and to implement reforms designed to ensure future harassment and discrimination do not occur. Additionally, both the school and Wightman agreed to refrain from engaging in any sort of retaliation against the women who filed complaints against the institution and to immediately report any future harassment or discrimination allegations to the Office of the Attorney General.

According to the lawsuit, Wightman made sexual comments and inappropriately touched female students. He also allegedly refused to allow both pregnant students and faculty to engage in certain activities despite doctor approval. Ironically, Wightman is reportedly the private for-profit school’s designated contact for all discrimination and harassment complaints.

In New York, discrimination on the basis of a woman’s pregnancy constitutes unlawful sex discrimination. Title IX of the federal Civil Rights Act of 1964 prohibits any educational institution that receives federal funds from engaging in sex discrimination in education. Additionally, both New York and federal law require employers and educators to refrain from engaging in pregnancy discrimination.
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A bill that was recently introduced in the New York Legislature would provide unpaid interns with many of the same statutory protections that employees across the state currently enjoy. S05951 would make it unlawful for an employer to discriminate against interns who are members of a protected class. If the proposed measure is approved, interns would be legally protected from discrimination based upon race, creed, age, national origin, color, sexual orientation, disability, marital status, and other factors. It would also provide unpaid employees with both sexual harassment and whistleblower protections.

The bill was introduced by democratic lawmaker Liz Krueger of Manhattan. She stated a recent New York federal court ruling in which an intern’s sexual harassment lawsuit was dismissed for lack of standing under the New York Human Rights Law demonstrates the need for the proposed legislation. In the past, some courts have also held that interns are not afforded the same protections as employees under federal civil rights laws. If the proposed measure is passed, New York will become the second state to provide unpaid interns with substantially similar legal protections as paid employees. Oregon enacted a so-called intern rights law in June.

Employers in New York, New Jersey, and throughout the nation are not legally required to treat each worker fairly. For example, in some situations an employer may engage in nepotism, favoritism, or simple “office politics.” An employee who is treated poorly may only seek legal action where the discrimination was based on a legally protected status. Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against a worker based on race, religion, color, sex, or national origin. Both the New York State Human Rights Law and the New York City Human Rights Law prohibit employment discrimination based on gender and other factors. New Jersey’s Law Against Discrimination also makes it unlawful for an employer to discriminate in any job-related action on the basis of one or more of the statute’s protected categories.
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In early August, an arbitrator awarded a former Long Branch School District worker $4.5 million. In a 2011 civil complaint filed against the school district and prior Superintendent Joseph Ferraina, the former secretary alleged that she was sexually assaulted by and forced to perform sex acts for Ferraina beginning in 2004. The woman also stated Ferraina threatened her with termination if she reported the abuse. According to the former secretary, the school board ignored her complaints regarding the allegedly hostile work environment and instead engaged in a cover-up. Eventually, the woman apparently suffered a nervous breakdown. Ferraina retired from his position at the end of June.

Following a non-binding arbitral hearing, a former Monmouth County judge who acted as arbitrator in the case found in favor of the former secretary. Still, either side of the case may disagree with the arbitrator’s recommendation and file a “trial de novo” before 30 days pass. By doing so, the non-binding arbitral decision would be rendered moot.

As this case shows, one type of sexual harassment is quid pro quo sexual harassment. Quid pro quo sexual harassment may arise when a supervisor conditions a worker’s employment upon his or her submission to sexual advances or demands. As allegedly occurred here, an employee may have a claim for quid pro quo sexual harassment if a supervisor makes him or her feel as if sexual advances must be tolerated in order to keep a job, obtain a raise, be promoted, or to avoid discipline, a demotion, or other negative work-related consequences.
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In August, an undisclosed settlement was reached in a highly publicized sexual harassment and race discrimination case. According to a document filed in a Savannah, Georgia federal court, both sides agreed to settle a lawsuit that was filed against celebrity television cook Paula Deen and her brother, Bubba Hiers. The case was brought by a former manager at Uncle Bubba’s Seafood and Oyster House. The woman’s complaint alleged that the restaurant’s employment practices treated black workers unfairly. She also claimed that she endured sexual harassment from Hiers and was forced to listen to racially offensive statements at work. Before a settlement was reached, a federal judge threw out the white woman’s race discrimination claims for lack of standing.

A nationwide uproar against Deen began after she apparently admitted to making racially derogatory statements during a deposition related to the case. As a result, the celebrity’s television show was cancelled and a number of retailers reportedly dropped her numerous product lines. Prior to the lawsuit, the Paula Deen franchise was reportedly worth millions. At the request of the parties, the case was dismissed with prejudice.

In New York, New Jersey, and across the rest of the country, employers are not legally required to treat all of their workers fairly. For example, an employer may engage in nepotism, favoritism, or simple “office politics.” An employee who is treated unfairly may seek legal action only if the discrimination resulted from his or her gender, race, age, religion, pregnancy status, a mental or physical disability, color, national origin, sexual orientation, veteran or military status, or another legally protected status.
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The New Jersey Division of Civil Rights has reportedly reached a settlement agreement with a party company that stood accused of ignoring the alleged sexual harassment of a Paramus teenager. According to the Division, the teen endured unwelcome sexual advances and inappropriate comments from a male supervisor for about eight months. In a formal complaint, the teen also told the Division that her former supervisor sent her harassing text messages on her mobile telephone. After the minor female reported the alleged harassment to the company’s co-owner, the teenager claims Screamin’ Parties of Paramus wrongfully terminated her.

Under the terms of the settlement agreement, the party company must pay the teenager $15,000 and provide all workers with anti-discrimination training. The company also reportedly agreed to establish an effective harassment complaint procedure. Division Director Craig T. Sashihara stated the settlement was a fair one. He added that the teen is entitled to the same protections more experienced workers enjoy.

Employers in New Jersey and New York are required to provide all employees, regardless of age, with a working environment that is free from sexual and other unlawful harassment. An employer’s failure to adequately address workers who violate sexual harassment policies can expose a company to potential lawsuits and place additional workers at risk for mistreatment.

The vast majority of employment law cases in New Jersey involve sexual harassment or discrimination. According to the United States Equal Employment Opportunity Commission, there were 624 sexual harassment or discrimination cases filed in New Jersey in 2011. Additionally, the number of sexual harassment complaints filed in our state has reportedly increased by 10 percent since 2006. At the same time, the number of such complaints has dropped by 5.5 percent across the country as a whole.

Sexual harassment and discrimination may be committed by a superior or a co-worker. In some cases, an employer may be held accountable for the inappropriate acts of coworkers who commit sexual harassment. If you suffered workplace sexual harassment or discrimination, you owe it to yourself to contact a skilled New Jersey or New York employment lawyer to discuss your rights.
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A Long Island church and diocese recently agreed to settle a sexual harassment and retaliation complaint that was filed against it by the nation’s Equal Employment Opportunity Commission (EEOC). According to the EEOC, a male Interim Rector at the Grace Episcopal Church of Whitestone, Inc. touched, grabbed, and kissed a church secretary and another woman who was employed by the church. The man also allegedly made inappropriate sexual comments and subjected the two women to numerous and unwelcome sexual advances. When the secretary refused the Interim Rector’s advances, she was reportedly terminated from her position.

After the secretary was fired, the EEOC filed a lawsuit in the Eastern District of New York alleging the church and diocese violated Title VII of the Civil Rights Act of 1964. As part of a pre-litigation settlement, the two women were awarded almost $200,000 in damages. In addition, the church and diocese agreed to refrain from engaging in retaliation or sexual harassment, report all such claims to the EEOC, post a notice regarding the lawsuit in a conspicuous location at the church, ensure that all employees receive a revised copy of the organization’s policies on sexual harassment, and compel all workers to attend anti-discrimination training.

Kevin Berry, New York District Director for the EEOC, stated both public and private employers must ensure that employees do not suffer workplace sexual harassment. He also said employers must make certain that workers have access to more than one avenue through which to make formal harassment complaints.

Employers in New Jersey and New York are required to provide a workplace that is free from sexual and other harassment. Whether in the private or public sector, an employer’s failure to appropriately deal with workers who violate sexual harassment policies can expose the organization to lawsuits and employees to unlawful workplace conduct. Sexual and other harassment may be committed by a superior or a co-worker. In some situations, an employer may be held responsible for the inappropriate acts of co-workers who commit harassment. If you feel you were the victim of workplace sexual harassment, you are advised to contact a New Jersey or New York employment attorney to discuss your situation.
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A supervisor’s sexual advances drove a New York police officer to take his own life, according to a lawsuit filed by the officer’s widow. The lawsuit names the City of New York, the New York City Police Department (NYPD), and the supervisor as defendants, and alleges that an ongoing pattern of sexual harassment violated the officer’s civil rights.

Officer Matthew Schindler arrived at the 115th Precinct in Queens in March 2011, according to DNAinfo New York. He was assigned as a highway safety officer and reported to Sergeant Christine Hirtzel, also spelled in court documents and some media reports as “Hertzel.” Hirtzel reportedly had direct control over Schindler’s work schedule and duty assignments. She demanded that Schindler engage in sexual relations with her, according to the lawsuit. The lawsuit claims that Hirtzel made preferable shift assignments and other features of employment contingent on continued sexual contact, and that she threatened that Schindler “would suffer tangible detriment” if he refused her demands.

The continued demands allegedly caused Schindler to become depressed. On February 13, 2012, Schindler confronted Hirtzel, according to the complaint, to tell her to stop. He told her at that time that “he would kill himself over the ‘guilt,'” according to the New York Post. She allegedly refused to end the relationship, and she allowed Schindler to leave the station. Hirtzel then contacted a precinct captain, who reportedly tried to call Schindler to “rectify his hostile work environment,” and out of concern that he was suicidal. At around 4:30 p.m., Schindler committed suicide with his service weapon.

DNAinfo reported that Hirtzel told NYPD investigators that the affair was consensual. She claimed that he became distraught on February 13 after she tried to break off the relationship. He “stormed off,” she alleged, and then she contacted the precinct captain to admit the affair. The captain then called Schindler, according to Hirtzel’s report.
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The holidays should be a time to enjoy one another’s company and have fun. Many employers allow their workers an opportunity to unwind at least once a year at office holiday parties. The office holiday party has become, in some part of the public consciousness, synonymous with debauchery and excess. Unfortunately, some people actually do take the festive atmosphere of a holiday party too far, often with the assistance of alcohol, and inappropriate remarks, behavior, or contact may result. Employees should remember that an office holiday party is a work function, and that the same laws prohibiting harassment in the workplace apply at the party. A recent New York lawsuit demonstrates that employees who are the recipients of a supervisor’s inappropriate conduct have legal remedies.

Lesley Shiner, the plaintiff in Shiner v. State University of New York, University at Buffalo, et al, worked as a clerk for the University at Buffalo Dental School. At office holiday parties in 2008 and 2009, she claims that she witnessed two administrators, an assistant dean and the director of clinical operations, make a series of sexually explicit and inappropriate comments. Upon receiving an invitation to the 2010 holiday party, she informed her direct supervisor that she was not comfortable attending because of the administrators’ past behavior. Shiner attended the December 21, 2010 party despite her concerns. She alleges that, while at the party, the two administrators sexually assaulted her. One administrator, the associate dean, allegedly committed multiple acts of assault, while the other “encouraged and cheered” his behavior. She states that this occurred in the presence of other employees, including Shiner’s direct supervisor.
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They say knowledge is power. We, as experienced NJ employment attorneys, certainly agree.

To that end, eBossWatch, an organization that allows employees to monitor bosses, used Boss’ Day this year to release a study on workplace harassment and discrimination, and the common charges that are costing employers millions. During the last 12 months, such suits have resulted in more than $356 million in payouts and judgments, according to the Insurance Journal.The most common violation leading to sizable settlement or jury award: Sexual Harassment. Passaic County, New Jersey had the 12th largest payout: $3.7 million in an age discrimination judgment. A $25 million race discrimination lawsuit in Buffalo placed second on the list.

Mercy Hospital took the dubious honors of paying the highest award: $168 million in Sacramento for a sexual harassment lawsuit judgment. Companies in Chicago reported 3 of the 7 highest payouts. The New Jersey Law Against Discrimination (LAD) prevents discrimination based on the protected statuses of race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses.

But the vast majority of employment lawsuits in New Jersey involve sexual harassment or discrimination based on age, sex or race. The same holds true when looking at statistics nationwide: The U.S. Equal Employment Opportunity Commission reported 1,841 cases in New Jersey last year.

-624 sex-based employment lawsuits in New Jersey
-457 race-based cases
-306 national origin
-89 religion
Of course, as the law states above, there are many other protections that may result in an unemployment lawsuit. Last year, New Jersey passed a law banning discrimination against the unemployed. However, sexual harassment remains the most commonly filed.

As we reported recently, New Jersey has paid millions to settle sexual harassment claims against state employers, including many supervisors who remain on the job. In fact, nearly $4 million has been paid to settle 27 sexual-harassment lawsuits in recent years.

New Jersey also just passed the Equal Pay Act, which is meant to address some of the gender inequality remaining in the workplace. Signed Sept. 21, the law requires employers to provide workers with a written copy of such rights. Simply posting those rights will no longer be considered sufficient.

What this means, for women in the workforce in particular, is that vigilance can ensure that you are being paid and treated fairly in the workforce. While we’ve come a long way in promoting equal pay for equal work, there is much work yet to be done. And those who are treated unfairly in the workforce based on gender should seek an experienced employment law attorney in Roseland or elsewhere to help protect their rights.
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