Articles Posted in Sexual Harassment

This year, “Anita: Speaking Truth to Power,” a documentary about the life of Anita Hill, will be showing in theaters around the country.  In October 1991, Hill famously testified before Congress about how Clarence Thomas sexually harassed her while she worked for him at the U.S. Equal Employment Opportunity Commission (EEOC).  Hill testified, in graphic detail, that Thomas often spoke of his sexual prowess, discussed pornographic films that he watched, and pressured her to have sex with him.  Despite Hill’s testimony, the U.S. Senate confirmed Thomas as a Justice to the U.S. Supreme Court.

Many decried the decision of the Senate to confirm Thomas.  One criticism of the Senate Judiciary Committee, which conducted the confirmation hearings, was that it refused to call other witnesses who it knew would have testified that Thomas sexually harassed them, too.  Hill continues to think that was a mistake because it “cast this as a ‘he said, she said’ situation, even though these women had been subpoenaed and sat waiting for three days to testify.”  “That was a clear disservice to the process and to the American public,” said Hill. 

In another recent interview, Hill commented on current sexual harassment problems in the workplace.  She said “I think people are well aware that they have a right to come forward.  But many people have a fear that the processes will not give them a fair hearing.  Even for those who complain, I think we’ve fallen down in terms of the investigative process.  We still have a lot of challenges in terms of making sure that the people who are found guilty of harassment suffer the consequences of their behavior.”

Yesterday, the Maine Human Rights Commission (MHRC) found reasonable grounds to believe that the City of Portland subjected David Tanguay, of Falmouth, to sexual harassment in violation of the Maine Human Rights Act (MHRA). Mr. Tanguay, a former trash collector with the City, alleged that his female supervisor sexually harassed him by, among other things, drawing a penis on his evaluation. After he complained about his supervisor’s harassment, he found that someone had put pornographic DVDs in his locker with notes taped to them, one of which called him a “fag” and another threatened him if he didn’t stop complaining about his supervisor.

The Commissioners on the MHRC sided with MHRC investigator, Barbara Lelli, and the findings in her report. Ms. Lelli concluded that the City of Portland did not do enough to stop the harassment or remedy the hostile work environment when it became aware of what was happening.

As anyone who has gone through it can tell you, working in a hostile work environment where you are subjected to sexual harassment can be incredibly stressful. Even a “big guy,” as Mr. Tanguay describes himself, can suffer extreme emotional distress when his supervisor or co-workers harass him. Sexual harassment violates both Maine and federal law. If you have experienced sexual harassment in the workplace, you should contact an experienced employment lawyer to learn more about your rights.

The U.S. First Circuit Court of Appeals, which, in addition to Maine and other New England states, has jurisdiction over Puerto Rico, ruled today that a reasonable jury could determine that the University of Puerto Rico unlawfully subjected a former employee to sexual harassment. The former employee, Dr. Melissa Gerald, alleged that her supervisor, Dr. Edmundo Kraiselburd, sexually harassed her.

Gerald and Kraiselburd engaged in a week-long sexual affair in 2005 which Gerald ended soon after it began. According to Gerald, Kraiselburd tried to pursue another sexual relationship with her years later and, when she continued to rebuff him, he acted vindictively toward her. Some of his harassment included: grabbing her breasts; sexually propositioning her; and crassly asking in front of co-workers why she would not have sex with him. Gerald also maintains that Kraiselburd used his authority to demote her because she refused to have sex with him. The University argued that it demoted Gerald because of poor performance but Gerald presented documentary evidence to prove that she was performing well right up until the point when she rebuffed Kraiselburd’s sexual advances.

Despite this evidence, the trial court in Puerto Rico found that no reasonable person could believe that Gerald suffered sexual harassment that was severe enough to adversely affect her employment. While this may seem outrageous, it is not uncommon for trial courts to overstep their authority and prevent juries from deciding whether an employer broke the law. In this case, the First Circuit reversed the trial court’s decision and sent the case back to Puerto Rico for a trial.

Justice Nancy Mills of the Cumberland County Superior Court has found that St. Joseph’s Manor, now known as St. Joseph’s Rehabilitation and Residence, subjected its employee Trudy Little to unlawful sexual harassment. Ms. Little worked for St. Joseph’s as a cook. Her supervisor Joe Mitchell is the one who sexually harassed her. Among other things, Mr. Mitchell wrote Ms. Little sexually explicit letters. He sent her text messages two or three times per week, and some had sexual connotations. For instance, he once said that he would lay on the floor and stick a broom handle “up his butt.” Mr. Mitchell also talked to Ms. Little about sex and made comments about the size of her breasts. St. Joseph’s management was well aware of Mr. Mitchell’s sexual harassment but all they did was tell him to “knock it off” or “stop.” Consequently, the court found that St. Joseph’s Manor did not do enough to stop Mr. Mitchell from sexually harassing Ms. Little.

Due to the sexual harassment she experienced, and the fact that it caused her to suffer from panic attacks, Ms. Little felt that she had no choice but to resign. While Justice Mills believed that Ms. Little experienced unlawful sexual harassment, she did not find that a reasonable person in Ms. Little’s position would’ve felt she had no choice but to resign. This is not an uncommon result. Many courts have found that women have suffered unlawful sexual harassment while at the same time finding that a reasonable person in the woman’s position would not have felt compelled to resign.

Justice Mills awarded Ms. Little $20,000 plus interest. Under the Maine Human Rights Act, St. Joseph’s will likely have to pay Ms. Little’s attorneys’ fees and costs too. The Maine Employee Rights Group and Guy Loranger worked on behalf of Ms. Little to achieve this result.