Record-breaking $95 million verdict for sexual harassment

A federal jury in Illinois may have awarded the highest verdict ever for a single-plaintiff sexual harassment case, although the verdict will likely be reduced to a “mere” $45 million because of federal statutory limits, according to plaintiff’s counsel. The verdict is against Aaron’s, Inc., a rent-to-own furniture store, and is comprised of $15 million in compensatory damages and $80 million in punitive damages.

Plaintiff told the jury that the branch’s general manager commented on her breasts, groped them, smacked her in the head with his penis, and masturbated on her chest while restraining her.

Plaintiff said that her call to the company’s sexual-harassment hotline went unreturned.

Aaron’s says it will appeal and called the jury “runaway”; however, plaintiff’s counsel pointed out that the jury deliberated for nearly three days.

My prediction? The verdict will stand, within the statutory limits. The complained-of conduct was extremely egregious and of a long duration, and it would appear that the jury found that Aaron’s Inc. knew about it through the hotline but failed to do anything, given the punitive damages award.

Source: http://www.sowetanlive.co.za/news/world/2011/06/13/massive-pay-out-over-sexual-harassment (via Reuters)

Outsourcing Sexual Harassment in High-Tech?

Here is a fascinating and troubling article in the Christian Science Monitor about the extraordinarily high rate of sexual harassment in the Indian outsourcing community.

According to the article, the India-based Centre for Transforming India has said that 88 percent of women inside India’s outsourcing community experienced sexual harassment on the job. The vast majority of those–83 percent–did not report it. The article also talks about an Indian woman, who worked for Nokia Siemens, who killed herself in 2008 after repeated harassment.

Heads are rolling due to sexual harassment allegations

Most people know that former Hewlett Packard CEO Mark Hurd resigned under the cloud of a sexual harassment claim investigation. (The HP investigation purportedly did not show a violation of HP’s anti-harassment policy but did show Hurd falsified expense reports in attempt to mask the relationship which led to the harassment claims.)

Now it turns out Steve McPherson, President of ABC’s Entertainment Group, resigned three weeks after a harassment investigation was initiated in response to what sources say are multiple harassment claims.

According to The Hollywood Reporter, “[s]ources said the alleged incidents involved several women, including some executives and on-air talent. The inquiry expanded to include email. A source said an incident at a company retreat, witnessed by more than one staffer, was also part of the inquiry.”

A Busy Week for Harassment Lawsuits in the Entertainment Industry

A former producer on the Joaquin Phoenix documentary film sued director Casey Affleck, brother of Ben Affleck, alleging hostile work environment and quid pro quo.

Meanwhile, a former assistant prop master on “House, M.D.” alleged hostile work environment, discrimination, and retaliation.

Last but not least, a former extra on “Bones,” who is an aspiring actress and is represented by Gloria Allred, alleges actor David Boreanz sexually harassed her.

But it’s not necessarily all bad news for the entertainment industry. Maybe Lifetime can make a movie or two out of it. Seriously, though, without judging the truth of the allegations (all or most of which have been denied), the entertainment business has a long history of alleged problems with sexual harassment and retaliation. And any company that ignores harassment claims does so at its extreme peril.

Sexual harassment not on the rise, training common, according to SHRM members

In a recent poll by The Society for Human Resource Management (SHRM), most organizations reported that the number of harassment claims is stable, neither rising nor declining. In good news, most respondents report that their organization provides regular harassment training.

SHRM polled 467 randomly-selected members across the country. According to the findings, released in April 2010, when asked whether sexual harassment claims are on the rise, more than half of those responding reported no change in the number of claims, while 25% reported an increase and 18% a decrease.

The good news is that almost two-thirds of the respondents said their company had not received any sexual harassment claims within two years of the poll.

As for training, four out of five respondents said their organization provided sexual harassment prevention training to their employees. out of those, more than one-third provided training annually, with 22% training every other year and 2% every 3 to 5 years. (Other responses included “as needed” or as part of new-hire orientation.) And four out of five of those providing anti-harassment training provide it to all their employees.

Interestingly, nearly one-fifth of respondents reported that an equal number of men and women had made sexual harassment claims at their organization.

Source: SHRM Survey (with link to downloadable survey at the bottom)

Federal Harassment Claims by Men Are on the Rise

According to the EEOC (Equal Employment Opportunity Commission), sexual harassment claims by men are on the rise, reports the Associated Press. While women still file the vast majority of harassment claims, and overall claims are on the decline, the percentage of claims filed by men has doubled from 8 to 16 percent in the last 19 years.

Most claims by men are against other men. Sometimes, the allegations are that they are being picked on by other men for being gay or being seen as gay or too effeminate. Other allegations claim unwelcome sexual advances.

Consistent with this trend, the percentage of lawsuits filed by the EEOC on behalf of men hit an all-time high of 14 percent last year. The EEOC says it intends to send a message that such behavior is unacceptable and unlawful and must be taken seriously.

One of the lessons? Employers should take harassment complaints seriously, regardless of the gender of the person making the complaint or the person about whom the complaint is made.

Source: Sam Hananel AP article: http://heraldsun.com/view/full_story/6576036/article-More-men-file-workplace-sexual-harassment-claims