Archive for the ‘Sexual Harrassment’ Category

Sexual Harassment Suit Settled by ABM Industries for $5.8 million

Friday, September 3rd, 2010

With more and more women making up the work force, there are just as many female employees who suffer gender discrimination, sexual harassment and abuse at the hands of employers, managers, or even colleagues. Some women suffer in silence, but for some, like the female employees of ABM Industries Inc, it’s time to stand up for their rights.

Following a lawsuit filed the by US Equal Employment Opportunity Commission (EEOC) in behalf of 21 female workers for sexual assault and harassment, the national janitorial services company has decided to settle the suit.

The suit, which was filed in 2007 against ABM Industries Inc. and two subsidiaries, alleged that male supervisors sexually harassed the female employees for years. According to the EEOC, the supervisors exposed themselves to the female workers and engaged in unwelcome sexual conduct such as touching and groping them the women.

It was further disclosed by the EEOC that one of the errant supervisors was a registered sex offender and that at least one female employee has been raped at work.

Although ABM does not admit any fault in the allegations, it settled the case for $5.8 million to the 21 female workers.

Aside from the settlement, the company has been ordered to designate an equal employment monitor and set up a toll-free hotline for complaints.

Sexual harassment is one of the most common violations of employment rights. In fact, in 2009, the EEOC received as many as 12,696 filed by both female and male employees.

But sexual harassment or cases of it is not exactly cut and dried – what is prohibited by law is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Simple teasing or offhand comments which are isolated incidents cannot be considered as sexual harassment. What is important is that the harassment based on one’s gender is so frequent and severe that it creates a hostile work environment. Any adverse employment decision such as getting fired or deprivation of benefits can also be a result of sexual harassment.

Victims of sexual harassment or gender discrimination, unless otherwise extended by their state laws, have 180 days to file a complaint. Time is of the essence so unless you want to tolerate or condone such abuse, filing a sexual harassment lawsuit or report with the EEOC should be done as soon as possible.

Starbucks Settles Sexual Harassment Suit with Former Teen Barista

Friday, June 11th, 2010

Coffee conglomerate Starbucks has settled a sexual harassment lawsuit filed by a former teen barista in California for an undisclosed amount of money.

Kati Moore, who was 16 years old when she first worked in Starbucks, claimed that the company failed to protect her when her 24-year-old supervisor Tim Horton, would demand for sex.

Allegedly, Horton sent her hundreds of text messages wherein he would summon her for sex and even texted her, “I’d like to f— tomorrow.” Moore also stated that other Starbucks supervisors and managers were aware of what was happening but did not do anything to stop it.

In his defense, Horton claimed that he did not know Moore was 16. He was sentenced to serve four months in prison when he pleaded guilty to a felony charge of illegal sex with a minor.

Although Starbucks initially said that it was confident it would not be found at fault since Horton and Moore supposedly concealed their illegal relationship, the company changed its mind and instead cut a deal with the complainant.

While Starbucks has a concrete policy against sexual harassment and managers dating baristas, it actually had no rules or policies regarding relationships with teen employees under the age of 18.

The settlement between Moore and Starbucks also did not disclose whether the company would create new rules to protect its teen employees against sexual harassment.

According to experts, Moore’s case is not an uncommon occurrence in the workplace, particularly in fast food restaurants. Among all other employees, teen workers are more vulnerable to sexual harassment. In fact, according to a study from Maine, 1 out of 3 high school students experience unwanted sexual advances in the workplace.

Under the law, it is illegal for an employer or a person with influence or moral ascendency to sexually harass an employee. This offense is further exacerbated if the employee is a minor as for most states, it is a crime to have sex with a minor.

Teenagers are vulnerable to many workplace or labor law violations simply because often, they do not know any better. It is the duty of the employer to make sure that the rights of their teen employees are protected and upheld.

Miguel Cotto Punched With a Sexual Harassment Case

Thursday, December 10th, 2009

After taking a beating from Manny Pacquiao, boxing luminary Miguel Cotto has taken a legal blow after Martha Chacon Acevedo, a former employee, has sued him for sexual harassment.

In the suit filed in U.S. district court in San Juan last Aug. 24, the woman claimed that the former boxing champion made unwanted sexual and romantic advances towards her while she worked as an administrator in a residential property owned by Cotto in Puerto Rico.

She alleged that he offered her money and other benefits such as lingerie, lotions and body creams, champagne, and supposedly pornographic DVDs which turned out to be “Sex and the City” and “Nip/Tuck”.

According to her lawsuit, the woman consented to have sexual relations with Cotto for fear of losing her job. Acevedo further claimed that when she reported the sexual harassment to Cotto’s father, he condoned his son’s actions and told her to give in. But she allegedly got fired in October 2008, when she broke off the relationship.

She is now seeking worth more than $500,000 in damages. Cotto’s camp however, has derided the sexual harassment claim and said it was a total fabrication.

Sexual harassment, whether committed against a female or male employee is against the law. The Equal Employment Opportunity Commission (EEOC) in particular, defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Offensive remarks about a person’s sex can also be considered sexual harassment.

Whether the sexual harassment is Quid Pro Quo (“something for something” or a job benefit in return for sexual favor) or it is a hostile environment sexual harassment, can file a case of sexual harassment against the employer if the employer still persists in making unwanted sexual advances or retaliates against the employee for refusing to grant sexual favors.

Employees who are a victims of sexual harassment, may also course their complaints through the EEOC within 180 days from the commission of the offense.