The TALE OF TWO CITIES, part 2

Saturday, May 20, 2006 | 0

(Aka: sexual harassment case, true story!)

By Jamie Charter, M.S., CPDM

In the past several weeks, two sexual harassment lawsuits have received high profile media attention. In part 1 of this series, we discussed a case filed in Hollywood. The case in discussion in this article was filed in Fresno, California. This case, in particular, substantiates the vital necessity for continued education and information on the subject of sexual harassment prevention.

NOTE: Sexual harassment continues to be one of the major workplace issues facing employers.

In this case, jurors in the Fresno Superior Court civil trial against Alarm One awarded the employee, Ms. Janice Orlando, a field supervisor, $1.7 million dollars. Unbelievably, the employer spanked the employee at sales meetings in front of the salestaff, while they looked on and jeered. Their finding was that the employee was forced to quit her job after she was sexually harassed and subjected to a hostile environment by her supervisors.

The spankings occurred during sales meetings, and were designed to be a motivational technique employed by the supervisors, to encourage greater sales. In the company, different sales teams competed against each other. The losers were spanked on the buttocks with a rival companys yard sales sign. The onlookers were reported to yell lewd comments throughout this process.

In addition, because the jurors concluded that the supervisors acted with malice and oppression, the company was fined $1.2 million in punitive damages. Ms. Orlando will receive $300,000 of that amount.

Ms. Orlando was also entitled to an additional $10,000 in lost wages, $40,000 in future medical bills and $450,00 for past and future emotional distress.

The jury comprised of six men and six women further found that in addition to being sexually harassed, Ms. Orlando was also a victim of sexual battery and cited the conduct as "outrageous".

Court records also demonstrated that three other employees were subjected to the same type of treatment including spankings and abusive language and agreed to a settlement earlier in the year.

The defense attorney representing the company commented that the behavior was juvenile and her defense was "a matter of damage control".

This case more than points out the need for sexual harassment prevention and anti-discrimination training in the workplace. It also shows the boorish conduct of supervisors and inappropriate treatment of employees under their direction. When employees fear for their livelihood, they may be under the erroneous assumption that they must tolerate the intolerable in terms of inappropriate or abusive treatment that is humiliating, discriminatory or degrading in nature.

While the Alarm One case provides a gross and bizarre example of poor conduct in the workplace, it is important to remember sexual harassment and discrimination claims in the classifications protected by the ADA, FEHA and EEOC are on the rise.

Employees have the right to pursue work in a safe setting that promotes respect and protection from discrimination. By educating those in the workplace and maintaining a well distributed anti-harassment policy, perhaps other situations such as this one at Alarm One can be substantially eliminated, or reduced.

WorkCompSchool is offering an online course on preventing sexual harassment. Registration details are now available on WorkCompSchool's website. Upcoming courses in the employment/labor specialty area of the WorkCompSchool will be offered in promoting diversity, anti-discrimination and anti- harassment, addressing all of the protected classifications. Both on-line, customized and live training requests can be arranged by calling the WorkCompSchool Sales Department at (805) 484-0333 or (866) 975-266, or e-mail sales@workcompcentral.com. Jamie, WorkCompSchool faculty member can be reached at jcharter@calcentral.com; 831-479-1977.

-------------------

The views and opinions expressed by the author are not necessarily those of workcompcentral.com, its editors or management.