Sexual Harassment

October 18, 2012

National Boss Day Gift – A Look at 25 Largest Employment Lawsuit Settlements

They say knowledge is power. We, as experienced NJ employment attorneys, certainly agree.

To that end, eBossWatch, an organization that allows employees to monitor bosses, used Boss’ Day this year to release a study on workplace harassment and discrimination, and the common charges that are costing employers millions. During the last 12 months, such suits have resulted in more than $356 million in payouts and judgments, according to the Insurance Journal.The most common violation leading to sizable settlement or jury award: Sexual Harassment. Passaic County, New Jersey had the 12th largest payout: $3.7 million in an age discrimination judgment. A $25 million race discrimination lawsuit in Buffalo placed second on the list.

Mercy Hospital took the dubious honors of paying the highest award: $168 million in Sacramento for a sexual harassment lawsuit judgment. Companies in Chicago reported 3 of the 7 highest payouts. The New Jersey Law Against Discrimination (LAD) prevents discrimination based on the protected statuses of race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses.

But the vast majority of employment lawsuits in New Jersey involve sexual harassment or discrimination based on age, sex or race. The same holds true when looking at statistics nationwide: The U.S. Equal Employment Opportunity Commission reported 1,841 cases in New Jersey last year.

-624 sex-based employment lawsuits in New Jersey
-457 race-based cases
-306 national origin
-89 religion
Of course, as the law states above, there are many other protections that may result in an unemployment lawsuit. Last year, New Jersey passed a law banning discrimination against the unemployed. However, sexual harassment remains the most commonly filed.

As we reported recently, New Jersey has paid millions to settle sexual harassment claims against state employers, including many supervisors who remain on the job. In fact, nearly $4 million has been paid to settle 27 sexual-harassment lawsuits in recent years.

New Jersey also just passed the Equal Pay Act, which is meant to address some of the gender inequality remaining in the workplace. Signed Sept. 21, the law requires employers to provide workers with a written copy of such rights. Simply posting those rights will no longer be considered sufficient.

What this means, for women in the workforce in particular, is that vigilance can ensure that you are being paid and treated fairly in the workforce. While we’ve come a long way in promoting equal pay for equal work, there is much work yet to be done. And those who are treated unfairly in the workforce based on gender should seek an experienced employment law attorney in Roseland or elsewhere to help protect their rights.
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October 10, 2012

Sexual Harassment Costs New Jersey Millions – Many Offenders Remain on the Job

by Resnick Law Group, P.C.

Sexual harassment lawsuits, filed by NJ sexual harassment lawyers on behalf of state workers, against state agencies is costing New Jersey millions, yet many of the offenders remain on the job or have retired with lucrative pensions, according to an investigation by the Asbury Park Press.

A cadet at the state’s corrections officer academy said she was subjected to offensive obscenities, inappropriate touching my male instructors, sex and gender discrimination and on-the-job retaliation in the wake of complaints to superiors. Fed up, she sued in 2005 and agreed to settle the case last year for $415,000. She now works as a senior corrections officer at New Jersey State Prison in Trenton.Despite millions in settlements, most agencies refuse to discuss the issue — citing either ongoing litigation or private personnel issues not subject to disclosure. However, the newspaper’s investigation found many state employees or supervisors who have been named in the lawsuits either continue to work for the state or have retired with generous pensions. Many of the employee complaints allege the harassment has been occurring for years, according to the Park Press.

Whether in the private or public sector, failure to adequately deal with employees who violate sexual harassment policy ensures that the company remains exposed to such lawsuits and that employees remain exposed to unlawful conduct in the workplace.

The New Jersey Civil Service Commission reports nearly 1,000 state employees have filed sexual harassment lawsuits in the last 5 years. In recent years, 27 lawsuits have been settled for a total of $3.9 million. The average settlement is $145,000. In fact, the number of sexual harassment complaints in New Jersey has increased by 10 percent since 2006, even as the number of complaints nationwide has dropped by 5.5 percent.

The State of New Jersey has had a sexual harassment policy on the books since 1993 and all of the state’s 74,000 employees are required to take training courses aimed at preventing sexual harassment in the workplace.

Sexual harassment which creates a hostile work environment is when an employee endures sexually abusive or offensive behavior and does not have to include physical contact. Quid pro quo sexual harassment is when an employer demands sexual favors as a condition of continued employment or advancement.

A total of 78 complaints involving state workers have been filed this year through Sept. 12.

Ironically, most of the settlements involved state agencies entrusted with enforcing the law. The State Department of Law and Public Safety was responsible for more than $1 million in settlements — the highest dollar amount of any agency. Other agencies included state courts, the Juvenile Intensive Supervision Program and the Department of Corrections.

A spokesman for the state Attorney General said state agencies thoroughly investigate complaints and that disciplinary action can include reprimand, demotion, suspension or termination.
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September 26, 2012

Sexual Harassment at New York’s Columbia University Led to Victim’s Firing, Employment Lawsuit Claims

by Resnick Law Group, P.C.

A former Ph.D student and staff associate at Columbia University filed a lawsuit claiming the school mishandled his complaint of sexual harassment by the student’s lab supervisor, and then wrongfully terminated the victim.

Unfortunately, firing a victim is not an uncommon result when an employee alleges a violation of workplace rights. New York City employment attorneys also know that sexual harassment is common in the university environment and may involve professors, staff or students.The plaintiff arrived from Chile last March to pursue his Ph.D. while working at the University. But, over the course of about three months, he contends he was sexually harassed by his supervisor, ignored by a university human resources officer, and ultimately fired from his dream job.

Typically, a supervisor-employee relationship is exploited in cases of sexual harassment. The university setting, as well as internship positions, can be ripe for such abuse because students want to please superiors and to excel. In this case the 25-year-old victim, who worked at the University while pursuing his Ph.D., contends in his lawsuit that he suffered retaliation after he complained of being sexually harassed by his supervisor, a professor of medicine, nephrology and hypertension at the Columbia University Medical Center.

According to the lawsuit, the victim had been at the university just a few days when he received a cell phone solicitation about dating older gay or bisexual men. The complaint charges that the supervisor sent the plaintiff messages via a social network, with the supervisor’s picture attached, asking the plaintiff “if he would like to date an older man.” After rejecting his supervisor’s online sexual advance, the lawsuit maintains, the plaintiff’s supervisor allegedly “came out of his office, approached Plaintiff….and screamed at him, ‘You are out!'”

The victim reported the harassment to another supervisor, who allegedly promised to talk with Columbia’s Chair of the Department of Medicine, and directed the plaintiff to human resources, according to the lawsuit. The victim contends that the university’s human resources representative offered to help file a formal complaint with Columbia’s Office of Equal Opportunity and Affirmative Action, which is charged with investigating allegations of harassment or discrimination against university faculty and staff. He said the supervisor later apologized for the ongoing behavior, gave him an expensive computer, and allegedly told him to “pretend that nothing happened.”

In June, the lawsuit maintains, the Ph.D student was subsequently fired without notice or explanation, according to the allegations contained in the lawsuit. The university has declined to comment, citing the pending litigation.

These cases are often a victim’s word against a superior’s. Any evidence or documentation of such behavior can go a long way toward proving a victim’s claim. In this case, the Columbia Spectator (the university’s student newspaper) reports that it reviewed detailed evidence gathered by the victim, including e-mails and text messages.

A law firm experienced in workplace harassment litigation will also review an employer or university’s track record of past allegations and its response to employment discrimination and workplace harassment complaints.

While still relatively rare, an increasing number of cases involving male-on-male sexual harassment are being reported. In fact, more than 16 percent of sexual harassment cases were filed by men in 2011, compared to 11.6 percent in 1997, according to the Equal Employment Opportunity Commission.

Both state and federal employment laws prohibit an employer from retaliating against an employee for making a complaint. In 2007, the New Jersey Supreme Court decided in Carmona v. Resorts International Hotel, Inc. that in order to be protected under the law a victim must have an underlying complaint of discrimination that is reasonable and made in good faith.

In this case, the victim will apparently be forced to return to Chile because of a lack of funds because Columbia terminated his employment after he complainted about being sexually harassed. In general, it is a good idea for those who believe they are being harassed or discriminated against at work to seek the advice of an experienced employment law firm in New York or New Jersey at the earliest stages of such cases. Very frequently the culture in institutions where this behavior is allowed to thrive is such that significant legal protection — either before or after lodging a complaint — is not likely without the help of an experienced law firm.
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