Sexual Harassment Lawyer Blawg
Articles Posted in Sexual Harassment
EEOC Finds Against Virginia Diner: Minors Being Sexually Harassed; CEO Whisler Acknowledges Receiving Email Warning
The EEOC has now made a “determination on the merits” that the Diner violated the law by permitting sexual harassment of minors, including the young woman who brought the charge.
Also, after initially denying that he received the email warning him that minors were being sexually harassed in his kitchen, CEO Whisler now admits it. What has not changed is that as of the date this was published the Diner was still employing the Kitchen Manager whom the EEOC determined was sexually harassing a minor.
The young woman who was the victim is seeking witnesses who 1) were also sexually harassed as minors working at the Virginia Diner and/or 2) witnessed sexual harassment of minors working at the Virginia Diner. If you are a witness to sexual harassment at the Virginia Diner please contact us at 888-369-1119 x2, attorney@employmentlawfirmpc.com, text us at 914-425-5834, or fill out a form on our website at: www.employmentlawfirmpc.com.
EEOC Charge Alleges David Weimer Hired Sex Offender Who Sexually Harassed Employee
A West Virginia woman has filed an EEOC charge alleging that she was sexually harassed by David Arbaugh while working for David Weimer, and Weimer Keyser, Inc. The following is quoted directly from the Charge allegations:
David Arbaugh worked as the General Manager of Respondent’s Moorefield location until he was led out in handcuffs. …. Arbaugh was caught exchanging sexual messages and photos with a 16-year-old girl, which were reported to the Center for Missing and Abused Children and then County Prosecutors.
Arbaugh was initially permitted to reside at home on a personal recognizance bond, however the Moorefield Examiner reported on June 9, 2021 [] that the Court revoked Arbaugh’s bail and remanded him to jail for calling the minor victim. The Examiner reported that the Court held that:
EEOC Charge: Maxim Ignored Numerous Complaints Crane Operator was Sexually Harassing Employees and Damaging Navy Nuclear Site
“Travis”, “Leo” and “Isaac”¹ worked at the Idaho National Laboratory job site (“INL”), a Navy nuclear decommissioning facility. Maxim Crane Works (“Maxim”) was a sub-contractor to Baker.
Despite receiving multiple warnings that she was an “HR nightmare” and a dangerous crane operator, Maxim’s Area GM, Bill Barlow, hired “Cathy” to operate a crane at INL. Cathy frequently touched coworkers inappropriately, constantly made comments about her genitalia and breasts, regularly called a coworker “fagg*t”, and discussed her sex life and sexual desires regarding coworkers. She operated her crane in such a reckless manner that an employee at INL said, “it’s not a matter of if, but when something happens.”
“Adam” another employee, emailed Maxim Safety Superintendent Robert Boursaw about her sexually inappropriate comments and “out of concern for the well-being and morale of [his] coworkers”,² but the harassment continued, as did her unsafe work practices. Adam sent a second written complaint to Maxim HR, in which he described Cathy’s continued sexual harassment and dangerous work practices. He quoted a Maxim client saying, “I have never seen an operator operate like that. The booms slap all the time, and loads are swinging all around.”
Employee Files Federal Suit Alleging She Was Sexually Harassed at CVS–And Only Her Father Finally Stopped It
A young woman has filed a Complaint in federal court alleging that she was sexually and racially harassed by an older man while she worked as a cashier at the CVS in Port Jefferson, New York, beginning in August of 2021. The following allegations are taken from the filed Complaint.
Her harasser, a CVS employee, touched her breast, lured her into a back room and cornered her, told her he knew spots where there were no security cameras and implied he could do whatever he wanted to her.
By February 2022 she had told Human Resources what the man was doing to her including that he had touched her breast. But CVS kept scheduling her for shifts alone with him, and he kept doing the same things, even while other people were there. She tried again to stop him, this time complaining to her supervisor in the store, but it still didn’t stop.
Buffalo Wild Wings General Manager to Employees: Expect Sexual Harassment, According to EEOC Charge Alleging Complaints by Multiple Employees
The following is taken from documents filed with the EEOC against Buffalo Wild Wings in Illinois. “Bill” (name changed to protect the victim), was subjected to frequent, sexually offensive comments by the General Manager of a Buffalo Wild Wings franchise in Marion, Illinois, where he worked. The GM aggressively taunted him, commenting about Bill’s sexual preferences, asking for his phone number so Bill could experience being with another man, and making statements about what “type of gay” the GM thought Bill was. Sometimes the GM would stand directly behind Bill at close proximity, causing Bill to feel physically unsafe and triggered. At the time Bill began his employment at Buffalo Wild Wings, he was a sexual assault survivor who was recovering from post-traumatic stress disorder. However, the constant sexualized taunting by the GM sent Bill into an emotional tailspin. The documents filed with the EEOC suggest that Buffalo Wild Wings could have and should have prevented this.
Bill was told by multiple coworkers that the GM had already been transferred from two other Buffalo Wild Wings locations due to complaints of sexual harassment. Soon after the GM was transferred to Marion, a Line Cook reported another cook for sexual harassment. The GM took the Line Cook into the office and told her that because it was a restaurant, sexual harassment was to be expected. That sent a clear message that sexual harassment was to be tolerated.
Around the time of the Line Cook’s complaint, another coworker sent the Director of Operations, Jon Bruenig, this email:
An EEOC Charge Alleges that Andrew Whisler of the Virginia Diner Ignored Complaints of Sexual Harassment of a Minor
A Mother and Daughter have filed Charges with the Virginia Attorney General’s office and the Equal Opportunity Employment Commission (EEOC), alleging that they were both sexually harassed while working at the Virginia Diner by the Kitchen Manager. The Daughter was only 17, below the age of consent in Virginia, when she was physically sexually harassed. The Virginia Diner is owned by the The Virginia Food Group whose CEO is Andrew Whisler.
The following is taken from the filed Charges which quote sworn statements.
The Kitchen Manager said to the daughter, repeatedly, are you still a virgin, whoever comes between your legs is lucky, we need to get you a real man who can satisfy you and provide for you like a real man can. He put his hand on her back and rubbed it down to her behind. He said “Let me get between your legs” when bending down to get something while she stood at the register. Returning a few minutes later saying “did you get what I said earlier”? and when she said no, repeating his comment. Another time he pulled her hair holding on to it, while he walked away. Mother and Daughter witnessed the Kitchen Manager asking female hosts and servers about their “sex lives,” grabbing their hair and rubbing their backs, touching their behinds, and asking things like “did you get laid tonight?” and “did [your boyfriend] give it to you last night?”
SCA Pharmaceuticals called out for anti-gay harassment by new witness in Federal Suit
A witness has come forward and sworn under oath that a former employee of SCA Pharmaceuticals was sexually harassed and openly mocked by coworkers because he was a gay man. The following is taken from the Complaint against SCA filed in Federal Court and the Witness’s sworn statement. The names are redacted.
It was a recurring “joke” for The Harasser and his friends to ask The Employee how his girlfriend was doing, and who he would “chagachaga,” while thrusting their hips, to indicate they were referring to sex. The Harasser would rub his genitals, approach The Employee tell him to look down, gesture to his penis, chuckle and walk away. Since the harassment took place in front of a supervisor, The Employee believed that SCA was aware of it. Nonetheless it continued. In his sworn statement, The Witness describes seeing the Acting-Supervisor laughing along with offensive comments:
I witnessed our Team Lead . . . laugh along at these comments. . . .
EEOC Filing alleges Gates Corp. ignored report of sexual harassment — tell us about your experience at Gates
An EEOC Charge filed by a former Gates Corp. employee in Poplar Bluff, Missouri alleges that Gates ignored a report of sexual harassment, causing injury to the point that the victim had to seek treatment.
The Charge against Gates alleges that a Lead employee sent complainant vulgar sexual texts which bragged that “I touch your butt.” See texts to the left.
The Charge includes a sworn statement from the victim’s coworker which stated that “she showed me vulgar sexual messages on her phone that he had sent . . . including one in which he said he could touch her butt,” and that the coworker told their Manager what the Lead employee was doing to the complainant.
Is someone at Coach Protecting an alleged Sexual Harasser?
Todd Khan, Coach CEO
In a statement under oath a Coach employee testifies that Coach CEO Todd Khan and other top Coach executives are friendly with Luis Anzola, who is the subject of a Charge of sexual harassment filed with the EEOC:
3. Top executives at Coach, including CEO Todd Khan, treated Mr. Anzola as a personal friend. When they visited the store, they made a point to seek out Mr. Anzola to chat with him as soon as they entered the store. They appeared friendly and Mr. Anzola told me that they were.