New York Sexual Harassment Lawyer Blog

Elizabeth Williams, a Major Gifts Officer for Binghamton University athletics, filed a sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC) on March 17, 2009. According to a recent New York Times article, the complaint alleged that there were “egregious acts of sexual misconduct” committed by Jason Siegel, the Senior Associate Athletic Director, and Chris Lewis, the Assistant Athletic Director for Development. Williams claims that Siegel had physically and verbally harassed her since she started working with the university’s athletics department on January 5, 2009.

In one incident, Williams claims that Lewis told her that she needed to entertain a donor at a Binghamton game because he liked “chesty, loudmothed women.” Williams also alleges that one night, at a dinner with major donors, Siegel and Lewis speculated on her bra size, and suggested that she strip for a donor who was going to have a bachelor party. Among other things, Williams said that Siegel had grabbed her breasts, and told her that she was “not hired to have opinions," but rather to "look good and flirt with donors." Williams said that she reported the sexual harassment to the school over a month ago, but nothing has been done, and her role has since been diminished.

Williams claims that she has been removed from her office, had the pass code to her voicemail changed and been stripped of nearly all of her responsibilities. Binghamton’s Athletic Director, Joel Thirer, said that he had “no knowledge and no comment” regarding the complaint. The EEOC has not yet reviewed the complaint.

The Society for Human Resource Management reports that 97% of U.S. companies have a written sexual harassment policy. Researchers at the University of Missouri found, however, that such policies might not be effective in preventing sexual harassment in the workplace. This is because researchers found that individuals’ perceptions of flirting and sexual harassment and their understanding of the terms are not always a “perfect match.”

According to Debbie Dougherty, Associate Professor and Director of Graduate Studies at the University of Missouri Department of Communication, the participants in the study “did not consider that their meaning would be different from others. While participants acknowledge that others may perceive behaviors differently, they seemed to assume that they all used the same definition to determine when someone had crossed the line from harmless flirting into sexual harassment."

The bottom line is that a sexual harassment policy is just not enough. Managers and human resource professionals must continue to provide training and coaching on the subject of sexual harassment in the workplace.

The Vineland Board of Education approved a $125,000 out-of-court settlement to Joni Kane, the district’s public information assistance, who commenced a civil sexual harassment suit in 2006 against district spokesperson John Sbrana and the school system. Kane charged Sbrana and the school with placing her in a hostile work environment where she was sexually harassed, and denied promotions and pay increases.

The suit alleged that one month into Kane’s employment with the communications office in 1997, Kane was subject to sexual advances by Sbrana through emails. In 1998, after avoiding Sbrana’s advances, Kane was told that she would have to work weekends, holidays and evenings without overtime compensation. The suit also named the district for failing to resolve the hostile work environment and abusive work conditions. Kane’s attorney, Marc Weinberg, said the situation had caused Kane “extreme physical and psychological injuries,” warranting compensatory and punitive damages.

The Board of Education split in a 5-3 vote to authorize the payment by the district’s insurance carrier. Objections were made with respect to how the investigation was handled at the outset when allegations of sexual harassment first arose in 2006. Frank Giordano, President of the Board, said that even though there was an interest in letting the matter proceed to give each party equal access to justice, if the district lost in court and Kane was awarded more than $125,000, the remaining balance would have to be paid by taxpayers. However, Superintendent Charles Ottinger explained that the Board’s displeasure with the outcome and their legal representation was not a reflection on the merits of Kane’s case, and further reiterated that any employee who is subject to sexual harassment should bring the matter to the attention of the administration.

Brenda Keys, a former State Attorney’s office employee has been permitted, by the Florida Commission on Human Relations, to file a suit against her former employer on the grounds of workplace retaliation and hostile work environment. However, based on Keys’ allegations, the Commission disallowed the possibility of a sexual harassment suit.

The allegations involve incidents between Keys and former State Attorney Steve Meadows in which Keys alleges that she was demoted and had her bonus halved by Meadows because he learned that she was aiding some of her co-workers in the pursuit of sexual harassment complaints against Meadows. Central to the Commission’s finding was its conclusion that Meadows had no credible evidence with which to refute allegations that Meadows had sex with an employee in his private office. An additional Commission finding that gave weight to the potential hostile work environment claim was that Meadows seemed to prefer his female staff, particularly those female employees who wore revealing clothing.

Meadows unsuccessfully attempted to complain of a bias on the part of the Commission’s review, pointing to an alleged 60 claims from other female employees who contended that the work environment was “professional and positive,” which the Commission allegedly failed to recognize. His request that the review be forwarded to the U.S. Equal Employment Opportunity Commission, in order to obtain a supposed unbiased review, was refused, according to Meadows.

Burger King Corp. settled a sexual harassment lawsuit with the U.S. Equal Employment Opportunity Commission (EEOC) and will pay $85,000 to a North Carolina woman who was harassed by her store manager. The EEOC stated that Kathleen Joyner was sexually harassed by her general manager from December 2007 to March 2008. Ms. Joyner was 18-years-old at the time the alleged harassment took place.

According to the complaint, Ms. Joyner had complained to her assistant managers, but they failed to take any action to resolve the issue. As part of the settlement, Burger King Corp. is required to provide anti-harassment training to all managers and shift coordinators in its Clemmons and Winston-Salem, North Carolina restaurants. Ms. Joyner’s general manager was transferred to the Winston-Salem restaurant. In addition, all Burger King Corp. restaurants are required to review the anti-sexual harassment policies with all newly hired employees.

A nurse from Flushing Hospital was awarded $15 million after a jury found that the hospital had allowed a doctor to abuse female employees for eight years according to a recent New York Daily News article. The nurse stated that “everybody knew it was an atmosphere of dirty jokes in the hallways and at the nursing station, but no one did anything about it.”

A doctor repeatedly made dirty jokes, propositioned and physically harassed female employees. Despite receiving complaints, hospital supervisors did nothing to correct the behavior. Furthermore, the doctor has a history of sexual harassment violations. In 1996, he was charged with having a two-year sexual relationship with an alcoholic patient.

Sexual harassment occurs either when one explicitly or implicitly rejects the improper sexual conduct of another and this rejection affects an individual's employment in ways such as interfering with one's work performance, or in some cases creating an intimidating, hostile or offensive work environment. It is unlawful for an employer to allow supervisors and other coworkers to create or maintain a workplace that may interfere with work because of intimidating, hostile or offensive sexual harassing conduct.

On December 3, 2008, a jury awarded Juan I. Valera $420,000 for being subjected to a hostile work environment. Valera, an employee of Costco for 20 years, is gay and is also HIV-positive. Valera’s attorney alleged that a Costco General Manager casually used the word “queer” around Valera, which caused him to take a leave of absence. To rectify the situation, Valera asked the Assistant General Manager to protect him from insensitive remarks. The following day, Valera was demoted and received a pay cut.

A report on MSNBC.com noted that, in February 2009, Valera is suing Costco again. Valera alleges in his new Los Angeles Superior Court complaint that the company’s failure to reinstate him to his old position is an act of retaliation that stems from both the previous jury award and his sexual orientation.

After a seven week trial in a sex discrimination and sexual harassment case brought by a female neurosurgeon, Dr. Sagun Tuli, against her boss, Dr. Arthur Day, the Chairman of the Neurosurgery Department, a jury awarded the Plaintiff $1.6 million in damages. According to a recent article in The Boston Globe, the jury found that Dr. Tuli was subjected to harassment, ridicule, intimidation and other abusive conduct that was motivated, in part, by her gender. An example of the discriminatory conduct was the repeated demeaning remarks made to Dr. Tuli by Dr. Day while she was operating, such as, “You are just a girl. Are you sure you can do that?” On another occasion at a hospital dinner, Dr. Tuli testified that Dr. Day asked her whether she would “get up on the table and dance for [them] to show the female residents how to behave.” The jury also awarded damages because it found that the hospital retaliated against Dr. Tuli after she complained about sex discrimination.

The New York Times published an article on February 24, 2009 regarding a Federal judge in Galveston, TX who was indicted last August on charges of sexual abuse against his case manager and secretary. The case shocked the community and led to courthouse demonstrations. On February 23, 2009 the case ended abruptly with a plea agreement.

Judge Samuel Kent retired from the bench and pleaded guilty to one count of obstruction of justice in Federal court in Houston, averting a trial on five other counts involving sexually inappropriate behavior with employees. The obstruction of justice charge carries a maximum penalty of 20 years in prison, but people who are involved in the case have said that the government is expected to seek a three year sentence.

Judge Kent’s indictment described his advances on his case manager and secretary as particularly lewd, involving groping and forcing the women’s faces into his groin area. The Judge had maintained that his advances were invited and enjoyed, but his admission that they in fact were not, was part of his plea deal. Judge Kent would have been the first district judge to be tried on Federal sexual harassment charges.