Articles Posted in Sexual Harassment

In a text Order entered May 20, the Middle District of Louisiana confirmed that Weldon Moore’s claims of racial harassment and retaliation will go to trial, which was previously scheduled to begin July 22.

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Lead Counsel Shilpa Narayan successfully led the charge to challenge Excel’s efforts to have Mr. Moore’s case dismissed. For his part, Mr. Moore has withstood the challenges of litigation, fighting for justice for more than three years to have his day in court.

Read more about the case here: https://www.sexualharassmentlawyerblawg.com/excel-usa-management-testimony-reveals-retaliatory-treatment-of-african-american-employee-who-filed-racial-discrimination-suit-weldon-moore-v-excel-contractors-llc-d-b-a-excel-usa-321-cv-00698-j/

A Patriot Contracting Superintendent subjected an employee to highly offensive racist and homophobic slurs—including the N word and “faggot”—and threats of violence, according to Charges of Discrimination filed with the Equal Employment Opportunity Commission (EEOC) by two former Patriot employees. When the employee’s colleague stood up for the victim, the Superintendent retaliated against him, including forcing the colleague to perform work that was inappropriate and painful given his previously-disclosed status as a cancer patient, according to his own EEOC Charge.

Twenty-year-old “Kevin” (a pseudonym) had worked for Patriot as an excavator operator for five months when he was transferred to a Reno, Nevada job site supervised by a Superintendent in October 2023. This was one of his first full-time jobs, having graduated high school in 2021. “Martin” (also a pseudonym), a former law enforcement officer and highly experienced construction equipment operator, worked onsite under the Superintendent as well. As explained in the EEOC Charge he filed on March 6, 2024, when he came on board with Patriot, Martin—a valuable prospective employee who had years of relevant experience—had made clear to General Manager Ritchie Jensen that to accept the construction equipment operator position, Patriot would have to guarantee Martin wouldn’t be forced to work as a laborer. Martin had disclosed that he was a cancer patient, taking a daily medication to manage his cancer, which made laborer work painful and infeasible; he further disclosed that a preexisting knee condition also made such work unacceptable. Jensen guaranteed that Martin would only be required to operate construction equipment, not to perform a laborer’s manual work.

Unfortunately, as soon as Kevin moved to the Superintendent’s crew, the Superintendent  began making extremely offensive and upsetting anti-gay slurs and remarks. As outlined in Kevin’s EEOC Charge, on a near-daily basis, the Superintendent would use the slur “faggot”—saying “hello faggot,” “what a faggot,” and similar remarks to Kevin.  Before long, the Superintendent also targeted Kevin, a Native Hawaiian man, with egregious racial slurs—calling him slurs including N*****, monkey, and coon on a daily basis. The Superintendent behaved erratically and threateningly—displaying a gun to Kevin and his coworkers while announcing “this is for anyone that wants to fuck around”—and once placing Kevin in a chokehold with no warning.

Friedman & Houlding LLP represents a current employee of Southwestern Central School District (“Southwestern”) who complained multiple times to higher-ups about continuing sexual harassment from his coworker without any follow-up, according to the Charge he filed with the Equal Employment Opportunity Commission. Two different principals on two separate occasions failed to address the male teacher’s complaints of ongoing harassment, and instead flipped the duty on the employee to do what he (“Charging Party”) could to avoid further harm – seemingly a different standard from what would have been applied were the alleged perpetrator male and the victim female.

Southwestern Superintendent Maureen Donahue later admitted, after the harassment continued for well over a year after Charging Party first complained to his school principal, that the Southwestern “should’ve stopped this sooner,” according to our client’s Charge. The Charge raises the question of whether Southwestern would have acted sooner had the complaining teacher been female.

The harassment was well beyond verbal to the point that the harasser was stalking Charging Party both in and out of school. The harassing teacher’s unwanted attention manifested in constant, unwanted physical interference of the Charging Party’s day-to-day activities. As described in his Charge, the harasser relentlessly waylaid the Charging Party throughout the school building, even in his own classroom, with unwelcome presents of pussy willow, notes of love songs, cards, poems, and, on at least one occasion, a bottle of Obsession cologne. https://www.sexualharassmentlawyerblawg.com/wp-content/uploads/sites/187/2024/05/Screenshot-2024-05-03-at-1.19.58-PM-227x300.png

Bright Data, Inc. is a Delaware corporation and subsidiary of an Israel-based company, Bright Data Ltd. The Company’s United States headquarters are in New York City.

As alleged in her Charge of Discrimination filed with the Equal Employment Opportunity Commission, our client’s second-level supervisor, a Managing Director, engaged in inappropriate behavior even before Bright Data hired her, which escalated after her hire into blatant sexual harassment. Her supervisor attempted to engage in a sexual relationship with our client, “Jane Doe”, which she rejected, and for which rejection she paid the price of her employment, according to her EEOC Charge.

Doe interviewed for a position at Bright Data in May 2021. Rather than discuss work experience or Doe’s professional skills, and rather than describe the Company/the available position, the Managing Director asked intrusive questions about her personal life, phrasing questions in a way to elicit whether she was single or not. Doe felt compelled to reveal that she was not married, with a daughter – in other words, a single mom. The supervisor-to-be immediately began to tell her that single mothers are “the most diligent and efficient” “because they have no choice,” among other statements, in essence commenting that single mothers are at the mercy of their employers. Her boss would return to these comments during her employment, reiterating them on at least three other occasions.

Nakeya Livermon worked as a welder for Skanska, where she participated in building infrastructure for the Portsmouth waterside. Livermon was the only female welder on site. She was known to be an excellent welder, in an industry that has few female welders at all.

As her foreman noted:

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Skanska featured Livermon in its promotional materials, making her a spotlight during Women in Construction Week

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This is the third in a series of blog pieces written for and reviewed by the Charging Parties which explains their ordeal 

The CEO, the Head of Human Resources and the Therapy Team Leader Threaten to Fire Women who Complain about Sexual Harassment at Encompass, a Major Hospital Chain 

 
The CEO and the Director of Human Resources at Colorado Springs were required to report to Headquarters that they were receiving numerous complaints of sexual harassment perpetrated by the same provider who had been the subject of the sexual assault allegation. 

This is the second installment of a series of blog pieces about sexual harassment at Encompass Health. After a former employee posted a link to the previous blog piece, the Interim CEO of the Colorado Springs hospital held what could fairly be called a damage-control meeting. She revealed that she had sought talking points from Encompass’ legal counsel. One of the talking points was that this blog is just “attorney advertising”. While this blog is attorney advertising, and we know that some people who read our blog visit our website, these nine women who filed Charges of Discrimination believe the blog will help to ensure that what happened at Encompass does not happen again – at Encompass or elsewhere. These blog pieces comport with the information those nine had, collectively, when they filed the Charges and what has transpired since and they want you to know this is their collective voice as well as ours.

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“Encompass Health cannot resolve matters that are not brought to the attention of an appropriate member of Management.”

“Additionally, any employees, managers or supervisors who become aware of any possible unlawful harassment or other violation of this policy, whether they are personally affected or not, is directed to advise their superior, the human resources department or any senior member of administration.”

SCA Pharmaceuticals has filed a motion to compel arbitration in Plaintiff H. Dragon’s sexual harassment and retaliation case—and while the motion fails for several other reasons, this case is among the first to present an interesting legal question about the applicability of the Ending Forced Arbitration Act in sexual harassment cases. 

In its motion, SCA claims that Plaintiff Dragon signed an acknowledgement that he had received the company’s employee handbook, and that the handbook contained language requiring that employment disputes be arbitrated. Plaintiff opposed the motion, pointing out the obvious: the handbook and acknowledgement explicitly disclaimed creating contractual obligations “of any type”—meaning that by SCA’s own choice, no agreement to arbitrate could have been created. Plaintiff also pointed out that any agreement to arbitrate based on those documents would have been illusory, if it had actually existed, since the acknowledgement retains SCA’s authority to alter the policies in its handbook—including any purported arbitration agreement—unilaterally at any time. 

But even though these facts are enough to dispose of the motion, the motion also presented a separate and novel legal issue: does The Ending Forced Arbitration Act (“EFAA”) apply to a hostile work environment claim like this one, where the harassment started before the law came into effect, and continued after it was already effective?  

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Encompass Health runs a chain of rehabilitation hospitals across the United States. It is enjoying record revenues. However, Charges of Discrimination and Retaliation filed with the Equal Employment Opportunity Commission (EEOC) by nine current or former women employees of the Encompass Colorado Springs hospital threaten its success.

For revenue growth, Encompass depends on expansion and keeping its facilities at maximum capacity, which in turn depends on growing its referrals. Rehabilitation hospitals receive most of their referrals from discharge planners—social workers and case managers—at acute care hospitals or other health care facilities. Case Management and Social Work is a woman-dominated field. Encompass competes with other rehabilitation hospitals for referrals from these women. Encompass’s women employees rated it fifth among six major competitors according to a Comparably study done in 2022.

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A North Carolina woman alleges in Charges filed with the Equal Employment Opportunity Commission that AutoZone managers ignored her requests for help to stop a customer from repeatedly sexually harassing her—and then retaliated against her when she refused to keep serving her harasser.

As explained in her EEOC Charges of Discrimination, Jade Mack worked for AutoZone store 3909 in Concord, North Carolina. Her immediate supervisor was Store Manager Charlie Seabright, and her District Manager was Kevin Murphy. As stated in her EEOC Charges, on December 7, 2021, Ms. Mack alleges that regular AutoZone commercial customer Mr. W. J. [name withheld] walked toward her, forcing her to walk backwards to escape him, while saying “tell your man you’re in love with someone else.” Finding a wall behind her, Ms. Mack tried to sidestep W.J., and said “I don’t think he would like that very much.” The customer insisted, “he will get over it,” and repeated himself. Ms. Mack, increasingly panicked, told W.J. “I don’t think he would like that very much and I don’t like it either.” W.J. was close and directly in front of her. She was finally able to sidestep and escape him. Ms. Mack immediately texted Store Manager Seabright with a complaint and a full description of what had happened:

Mack: So W[.J.]just back me into a corner in the office saying tel [sic] your man your in love with someone else I kept trying to side step him & said I don’t think he would like that he said he will get over it but he was persistent and said it again so I said I don’t like it either fucking creepy I don’t ever want to be alone with him again where I have no exit to get out around him I don’t get creeped out or scared by much but that had me scared as shit & my adrenaline going now I feel like I’m gonna puke[.]

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