Sexual Harassment Lawyer Blawg
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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: A Pfizer employee who helped develop blockbuster migraine drug Nurtec was denied accommodation for her migraine, and FIRED
Pfizer, manufacturer of blockbuster migraine drug Nurtec, claims that as you would expect, it is a “safe space” for its own employees who suffer from migraine: “remote options can help employees retain their productivity while prioritizing their health.” But a Charge filed by “Jennifer” with the EEOC tells another story. Jennifer was a member of the team which created Pfizer’s $ 1 billion cash cow Nurtec. Jennifer was herself diagnosed with chronic migraine in 2020. For the next four years Jennifer worked remotely while helping to develop and market Nurtec. Remote work allowed her to be productive and help other migraine sufferers who now depend on Nurtec.
In January 2024 Pfizer announced that all US employees were required to spend 2.5 days a week in the office. Given Pfizer’s published guidance that “remote options can help employees [suffering from migraine] retain their productivity while prioritizing their health,” her success on Nurtec working remotely for four years, and the fact that her working from home cost Pfizer zero, Jennifer expected that her requested accommodation–continuing to work remotely–would be granted. Pfizer’s response was: “If you are experiencing frequent migraines, then you are not able to work even while at home and should file for an STD or FMLA.” This was obviously false since Pfizer had benefitted from her four productive years working from home.
Jennifer’s neurologist was also a contracted Pfizer expert. She asked him to explain to Pfizer why working from home was a necessary accommodation. He wrote to Pfizer that the ADA requires the accommodation, and that “The American Migraine Foundation … recommends remote work as an accommodation and this accommodation is reasonable and necessary for her continued employment.” Pfizer’s Disability/ADA Appeal team responded that:
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.
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. . . .
UPDATE: Judge Orders Racial Harassment/Retaliation case against Excel to Trial
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.
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/
Annandale Millwork Files Statements with a Government Agency in the Midst of a Sexual Harassment Investigation That Have False Information
The EEOC requires that the employer file an Opposition Statement. Annandale did so. It included statements that are false. Knowingly submitting a false statement would be plainly intended to mislead a federal agency’s investigation.
In opposition to the Charge that the Design Manager engaged in physical and verbal sexual harassment of the Charging Parties, Annandale relies on the sworn Declaration of a current employee (“Declarant”), who, under oath, states, “I have never felt uncomfortable working with [Design Manager]”—referring to the design manager at issue in the Charges filed with the EEOC.
She also states—under oath, referring to one former employee witness (“Former Employee”)—as follows: “I worked with [Former Employee]. [She] [n]ever told me that [the Design Manager] had touched [her] inappropriately or otherwise made [her] feel uncomfortable.”
FOLLOWING WHSV3 REPORT ON SEXUAL HARASSMENT AT ANNANDALE FOUR WITNESSES COME FORWARD TO CORROBORATE THE VICTIMS ALLEGATIONS
Since a story aired in on WHSV3 in August regarding sexual harassment Charges filed with the EEOC by two former employees against Annandale Millwork and Allied Systems for ignoring complaints of sexual harassment by the “Design Manager” (referred to as the “Manager” in first blog post), four former employees of Annandale, have come forward with allegations based on what they witnessed working at Annandale. The allegations included an account of racial discrimination by Laurie Frogale, who ran Human Resources, and a situation where she observed one of her managers using racial slurs, with a person of color present, but said nothing to the harasser. The allegations, made under oath, include that a complaint was made to Frogale of sexual harassment by the Design Manager before the two women who filed Charges with the EEOC worked at Annandale and complaints about sexual harassment by other managers, which Laurie Frogale either ignored or condoned. The women who have come forward have provided sworn declarations alleging sexual harassment and disregard for their civil rights. Excerpts are repeated below.
The first Declarant stated under oath that she is African American and that when she was hired in September 2016 she had straight hair. In her sworn declaration she states that:
6. However, around three months after I was hired, I decided to have my hair out in an afro. When Laurie noticed my hair that day, she approached me with a look of disgust and said, “What is this? This is not who I hired.”
Charges of Sexual Harassment Have Been Filed Against Annandale Millwork and Allied Systems Corp.