Sexual Harassment Lawyer Blawg
“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.”
Leo was the oiler assigned to Cathy’s crane. She constantly pinched his rear, poked his side, tickled his torso, rubbed her chest against him, flashed her breasts at him, and told him they needed to be massaged. The first time Leo reported the harassment to upper management and HR, they said they would “have the situation taken care of” but never followed up. Cathy was told of Leo’s complaint and she increased the sexual harassment. Leo emailed Human Resources representative Faith Baa-Adomako describing the sexual harassment in detail, and that Cathy is bragging that “HR is calling me, and Faith and Bill have told me who has said this about me, I know who did it” and that she wouldn’t stop her dangerous conduct until a Baker Safety Supervisor caught her. He made more written complaints to Maxim GM Bill Barlow. Barlow responded, “The situation(s) you and others reported has been addressed and appropriate actions were taken.”
According to the Charges, it clearly wasn’t. Travis also reported Cathy’s sexual harassment to Maxim’s HR Director by phone, text message, and email to no avail. He then sent another complaint about the harassment and Cathy’s dangerous work practices, “she has been repeatedly told by Baker and the iron workers to not be out of her crane rigging and manipulating the loads and refuses to listen to this day.” He received no response to his complaints until he texted, “Just checking in, making sure my last 2 emails made it to you.” A few minutes later, the HR Director responded “Hi [Travis]- appreciate you sharing your concerns. The situation was investigated and appropriate action has been taken to address it.” Meanwhile, Cathy’s harassing behavior continued as usual.
When Isaac started working at INL, Cathy stated that she could “break him in” and referred to what her “mouth could do.” Isaac reported the harassment in writing on his second day. Barlow stated that the situation “sounds unacceptable” and that he and other Maxim management would take appropriate steps to address the complaint. The harassment continued, so Isaac sent another complaint stating that despite, “nearly 10 HR reports for sexual harassment and 2 property damage violations,” Maxim had not dealt with the situation. Isaac was forced to resign because of Maxim’s negligence.
After three months and numerous additional complaints by Maxim employees, Baker — not Maxim, her employer—finally removed “Cathy” from the job site.
If you have information about an unsafe sexually harassing crane operator who worked in California before working for Maxim at INL, or the above events at INL, 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 www.employmentlawfirmpc.com Anyone who is currently employed at Maxim as a supervisor or higher (including Lead Persons), regularly consults with Maxim counsel, or is someone whose own conduct is at issue, may not contact us.
¹They each filed EEOC Charges against Maxim. Their names and those of other non-management employees have been changed.
²From “Adam’s” Sworn Statement, provided to the EEOC.