Women and Justice: Keywords

The respondent, a law student, filed an administrative complaint for harassment against the petitioner, her professor, alleging that she was given a poor final grade because he wanted to go on a date with her. A school committee found that the petitioner improperly conducted school-related activities outside school premises, indicative of sexually motivated intentions, in violation of the respondent’s policy of providing its students with an environment free from sexual harassment. The NLRC affirmed, declaring a one year suspension from the University. The Supreme Court rejected the petitioner’s argument that his constitutional right to due process was violated, finding that in administrative proceedings, the essence of due process is simply an opportunity to be heard, to explain one’s side or to seek a reconsideration of the action or ruling complained of, and that the petitioner had been afforded that opportunity.

A new bride was threatened by her in-laws if her family did not provide a greater dowry. When local villagers protested these threats, the husband’s family killed his new bride by burning her with kerosene. The main issue of the case was to determine how the elements of dowry-death should be proven at trial under amended Indian Penal Code. The trial court acquitted the defendant of dowry-death in taking a narrow statutory view. The Supreme Court reversed, holding that a death shall be called dowry-death when a woman dies from burns or bodily injury that would not occur under normal circumstances within seven years of marriage. The Court added it should be in consideration that soon before her death the woman was subject to harassment by her husband or any relative of his or in connection with any demand for dowry. Shifting this burden to the husband’s family and broadening the scope of dowry death provides prosecutors with more powerful tools to convict for dowry-death and is meant to curb the recent rise in dowry-related violence.

Ocana worked for the Santa Fe store of the American Furniture Co. (“AFC”) from July, 1997 to November 1998.On January 10, 2000, Ocana, acting pro se, filed a complaint in a trial court, charging AFC with, among other things, sexual harassment in violation of the NMHRA.In particular, Ocana claimed that the store manager touched himself in suggestive ways, stared at her breasts, and parked next to her even when he had a different, dedicated parking spot.AFC moved for summary judgment. The trial court granted summary judgment in favor of AFC, reasoning that “there was no evidence corroborating Ocana’s claims of sexual harassment; there were no witnesses and no evidence that she complained about the harassment until after she was fired; and she had been disciplined for as many as 14 major mistakes.”Ocana appealed.The Supreme Court of New Mexico reversed, holding that genuine issues of material fact precluded summary judgment on employee’s sexual harassment claims under the New Mexico Human Rights Act (“NMHRA”).

Here, claimant sought judicial review of an order of the Employment Appeals Board that denied her claim for unemployment insurance benefits after finding that claimant failed to establish that her belief that further stalking by a fellow employee would occur was reasonable. Claimant argued that the Appeals Board erred in concluding that she quit her job without good cause after being stalked by a co-worker for several months. Under ORS 657.176(12), an individual could not be disqualified from receiving benefits under subsection (2)(c) if: (a) [t]he individual is a victim, or is the parent or guardian of a minor child who is a victim, of domestic violence, stalking, or sexual assault; (b) [t]he individual leaves work . . . to protect the individual or the minor child from further domestic violence, stalking or sexual assault that the individual reasonably believes will occur at the workplace or elsewhere.” The Court of Appeals of Oregon reversed and remanded for further proceedings, finding that claimant’s belief that further stalking would occur was reasonable, in light of her stalker ignoring warnings from the police to leave claimant alone, disregarding some of the restrictions that employer instituted after the first temporary stalking protective order (SPO) was issued and in light of his conduct escalating and becoming increasingly alarming.

Here, a female employee appealed the decision of the Commission Against Discrimination which dismissed her complaint against her employer for sexual discrimination. The Massachusetts Supreme Court affirmed the Commission’s decision. Under Gen .L. C. 151B, §4(1) (1990), employment discrimination on the basis of gender is prohibited. The Massachusetts Code defines sexual harassment as “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.” Gen. L. C. 151B, §1(18) (1990).

Here, an employer appealed the superior court’s decision that it discriminated against an employee on the basis of sex. A few weeks after College-Town hired the employee, Rizzi, Rizzi’s supervisor began making sexually suggestive comments to her. Once he touched her back, and another time he put his hand over a slit in her dress and told her to fix her skirt. On one occasion, Rizzi asked her supervisor to review her performance in a meeting and he told her that she handled it well and that he “liked the way [her] tits stood out in the red shirt.” Once, he asked her if she was a good f----. Rizzi then spoke to the director of manufacturing, who told her he was “not qualified to go into these things,” and refused to talk to her. Rizzi had to wait several days before she could tell someone else at work. A College-Town executive finally spoke with the supervisor about the allegations, which were denied. A meeting was held to determine the truth of the allegations, which the supervisor and all other women in the department attended except for Rizzi. She was not asked to the meeting or notified of its occurrence. At the meeting, the supervisor explained the allegations and Rizzi’s co-workers were generally supportive of the supervisor. College-Town made no further investigation. Prior to that meeting, Rizzi sought a promotion to a position in another department. After the meeting was held, Rizzi was informed she was not qualified for the promotion and College-Town hired someone with more knowledge and experience. Soon thereafter, College-Town attempted to transfer Rizzi as tension in the office was affecting productivity and she declined. Rizzi was never told the transfer was mandatory, and within weeks of her denial, she was discharged. The trial court found that College-Town’s supervisor created a sexually harassing work environment, it failed to remedy the situation, and it retaliated against the employee in its attempt to transfer her and discharge her once she declined the transfer. Id. at 158. The Massachusetts Supreme Court affirmed the decision and found that sexual harassment may constitute discrimination under Gen. L. C. 151B, §4(1), which prohibits employment discrimination on the basis of gender.

Plaintiff Ford’s supervisor, Karl Braun, began to sexually harass Ford at a dinner on April 3, 1980, where Braun told Ford that she would regret it if she didn’t sleep with him. At a company picnic a month later, Braun said to Ford: “I want to fuck you, Leta,” and restrained her in a chokehold, from which Ford eventually escaped. Despite Ford having reported the harassment to regional management later than month and to headquarters in November, 1980, no action was taken until Braun’s employment was terminated in October, 1981, almost a year and a half after plaintiff’s original complaints. During this period Braun’s continuing threats led to Ford developing symptoms of emotional stress such as high blood pressure and chest pains.

Here, the plaintiff was an at-will employee whose contract could be terminated by either party giving thirty days written notice. The plaintiff mainly worked for the defendant, who was the president and controlling shareholder of the company. The plaintiff alleged the defendant made sexual comments and advances towards her a few weeks after she commenced work and also touched her inappropriately. The plaintiff told the defendant his behavior made her uncomfortable but he did not stop. Subsequently, the plaintiff began recording the defendant’s conduct in a journal and rejecting his advances more forcefully. The defendant subsequently fired the plaintiff for substandard job performance. Under 19 Del. C. § 711, an employer may not discriminate against an employee based upon gender. The defendant argued that there could be no common law cause of action for employment discrimination because there was already a statutory scheme, and the plaintiff was required to abide by the specific procedures of that statute to bring such a claim. Specifically, the defendant argued that judicial review is only available after the Delaware Department of Labor Review Board hears the matter. Plaintiff based her theory on a breach of the implied covenant of good faith and fair dealing derived from the employment contract and as such, her claim did not arise directly from § 711. The court found that the plaintiff had a common law cause of action and she could bring her claim.

After commencing her employment, plaintiff agreed to prepare lunches for a new co-worker in exchange for $25 a week. Plaintiff later stopped providing lunches to the co-worker who in return, became hostile towards her, commencing a pattern of sexual harassment, including lewd comments, uninvited sexual advances, and interference with her ability to work. In keeping with company policy, plaintiff addressed complaints to her supervisor. Although the supervisor met with the co-worker and issued warnings, the harassment continued. Eventually the general manager suspended the co-worker and changed his duties so he would not be working near the plaintiff. When he returned, however, the co-worker continued to harass plaintiff. Eventually, there was an incident where the two got into a physical altercation, for which both were suspended. The plaintiff sued the defendant for failing to remedy the situation and for a hostile work environment. The court found that an employer may be liable for the sexual harassment of an employee by a co-worker under a hostile environment claim if the employer knew or should have known about the harassment and failed to take immediate and appropriate steps to correct it. The court noted that in determining whether a work environment is hostile, a court should consider the frequency of the discriminatory conduct, its severity, if it is physically threatening or humiliating as opposed to a mere offensive utterance, and if it reasonably interferes with the plaintiff’s work. The court then concluded that a jury could conclude that the defendant’s response to the harassment was neither immediate nor appropriate. Specifically, the three-day suspension and warnings were insufficient given the pattern of harassment. Thus, the court vacated the trial court’s issuance of summary judgment to the defendant and remanded the case.

Lacey worked at the Department of Correctional Services as a temporary employee. Lacey’s supervisor was known for “creating a fun atmosphere” by “giving each other a hard time in a joking manner.” The supervisor’s jokes and questions were often sexual in nature, including inquiring Lacey about the frequency, locations, and types of sex she and her boyfriend had. Towards the end of Lacey’s temporary placement, the jokes and questions were made daily and became increasingly vulgar. Supervisor also subjected Lacey to unwanted touching. Lacey eventually complained and the supervisor was ordered to stay away from here. Soon after, Lacey was terminated under questionable circumstances. Lacey filed a complaint against the Department of Correctional Services on June 7, 2006, alleging, among other things, sexual harassment in violations of the Nebraska Fair Employment Practice Act (NFERA). The trial court awarded Lacey $60,000 in damages for her sexual harassment claim. The State appealed.

Plaintiff worked the midnight shift in a prison. One night another officer kissed her without any invitation and subsequently repeatedly referred to the incident, and made intimidating jokes about raping the plaintiff. Despite being made aware of these incidents, plaintiff’s superiors did not take any action. It was almost two years before the warden responded to plaintiff’s attempts to talk to him about the harassment, at which time plaintiff refused to file a complaint in fear for her safety. The warden later advised her again to file a complaint and issued a cease and desist letter to the officer. Eventually, the County filed disciplinary charges against the officer but dismissed the charges. Plaintiff eventually brought a lawsuit alleging a hostile work environment. Although the County had an anti-sexual harassment policy, numerous employees testified that they were never trained on the policy, and the plaintiff testified that the policy was loosely enforced. The trial court dismissed the plaintiff’s complaint, reasoning that the fact that an individual violates a policy does not render the policy wrong. The Appellate Division affirmed. The plaintiff appealed the Appellate Division decision, contending that in determining employer liability for sexual harassment, the court was required to consider (1) whether the company had mandatory training for supervisors and managers which is offered to all members of the company; and (2) effective sensing or monitoring systems to check the trustworthiness of the prevention and remedial structures for employees. The court agreed with the plaintiff; even though the policy was known to many high-ranking officials, no action was taken to address the plaintiff’s complaints, even if they were not “formal” complaints. The court found that summary judgment was improper because there were questions of fact as to the adequacy of the policy.

Here, the plaintiff sued her former employer for allowing her to be subjected to sexual harassment, sexual discrimination, and sexual assault by her co-workers. The plaintiff claimed that her co-workers made sexual comments and engaged in inappropriate sexual behavior, but that she was not physically injured by the conduct. She also had no prior or subsequent contact with her co-workers outside of work. Id. at 938. The plaintiff complained to her supervisors but nothing was ever done to rectify the situation. The plaintiff subsequently elected to take a layoff from her job once the harassment continued. The defendant argued that the plaintiff had no common law right of action because any of these claims were encompassed by the Delaware Workmen’s Compensation Act (19 Del. C. § 2301). Under this Act, a plaintiff’s compensation for personal injuries is limited to compensation that is provided in the Act. The court agreed with the defendant and found that the Act did not exclude acts of a sexual nature that occurred at work, and that the plaintiff could not bring a private cause of action for sexual harassment. Id. at 939-40. Thus, any action for sexual harassment would have to be brought pursuant to 19 Del. C. § 2301.

William and Elizabeth Mecanti were married with children. William subjected Elizabeth to a pattern of harassment that lasted months. The couple had been experiencing marital difficulties and Elizabeth had been sleeping on the couch. She slept during the daytime because she worked the night shift. William would come home from work and wake her up to argue and instigate fights. He hacked into Elizabeth’s emails and looked through her pockets, cell phone logs, purses, and car. He would follow her when she was out with friends. He wrote her pages expressing his love, his fear of losing her, and his wish to stay together forever. On one occasion William hid her house and car keys and locked her out of the house; when she was finally able to reenter the house, Elizabeth discovered that he had disconnected the telephone lines. Elizabeth sought a protection from abuse (“PFA”) order after an incident when William wanted her to sleep with him in their bedroom, even though she had told him she wanted a divorce and they had been sleeping apart for three years. When she refused to follow him to the bedroom, William told her “this is going to get ugly” and “this is just the tip of the iceberg.” Then he left the house. Elizabeth went to sleep on the couch and woke up when William returned home and turned on the television. She asked him to turn it off but he refused; after some argument he stormed out of the room after saying “you better not go to sleep. You better not even close your eyes.” Elizabeth heard a noise like the cocking of a gun (William kept guns in the house) so she called the police. After this incident she sought the order of protection, which was granted. She had not filed for divorce because she was afraid of what William might do. On appeal, William argued that the PFA should not have issued because his threats were indirect and Elizabeth never testified to a past occasion when he threatened her as he did the night of the incident. The court considered the pattern of harassment as a whole, including Elizabeth’s testimony that she had heard William cock guns in the past, and concluded that that his behavior established “abuse” under the statute.

Plaintiff Parker alleged that defendant Grissom, a general manager who hired her as a bookkeeper, sexually harassed her. She reported the harassment to her immediate supervisor, Link. Parker stated that she feared losing her job if she did anything, so asked that Link do nothing. The harassment continued, and Link reported it to Vinson, a member of the Utility’s Board of Commissioners. Vinson agreed that plaintiff would likely lose her job if she reported the harassment. Plaintiff later discussed the issue with Vinson, who did not assure her that she would not lose her job. Grissom voluntarily resigned in April of 1994 but was rehired in the fall, despite the fact that plaintiff notified the board of the alleged harassment. The board rehired him, but also retained counsel to conduct an independent investigation of his alleged harassment. Plaintiff filed several claims; the remaining hostile work environment/13 claim before the Court was against the Utility District under the Tennessee Human Rights Act. The Utility District filed a summary judgment motion, arguing that “it took prompt corrective action in response to plaintiff’s complaints and that the corrective action was ‘a complete defense’ to a claim for 13.” An employer has an affirmative defense to a hostile work environment claim based on 13 by a supervisor if the employer can show: (1) that employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (2) employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by employer or that employee unreasonably failed to otherwise avoid the harm. The court held that Parker’s supervisor could be held vicariously liable for her hostile work environment 13 claim. There was no evidence that the District exercised reasonable care to prevent the alleged harassment, and that there was no evidence of a written anti-discrimination policy given to employees to deal with the circumstances of the case. It reversed the trial court’s grant of summary judgment to the employer, and modified a previous decision, Carr v. United Parcel Service, 955 S.W.2d 832, according to which a supervisor could be vicariously liable only for quid pro quo, and not hostile work environment 13 claims. The court modified Carr to “reflect the recently articulated standard for supervisor harassment adopted by the United States Supreme Court.”

Dupont, employed by Speedway convenience stores, sued her employer alleging a hostile work environment and 13, in violation of Florida’s Civil Rights Act. Dupont’s complaint stemmed from her interactions with a coworker, Coryell, who shared Dupont’s midday shift. Dupont had for months complained to her superiors that Coryell acted inappropriately with her, both violently and sexually. For instance, Dupont complained that Coryell had inappropriately grabbed her, made sexual comments concerning female customers, and humiliated her. Speedway, at the time, had a written 13 policy, yet no action was taken. Speedway continued to place Dupont and Coryell together on the same shift. The Court found Dupont’s claim viable, noting that Coryell’s conduct – even if not entirely sexual in nature – constituted 13 where motivated by a hostility toward women because of their gender. The Court went on to describe Florida’s policy against 13 in the workplace as strong, noting that courts should liberally construe section 760.10, Florida Statutes. Finally, the Court found an award of punitive damages appropriate, even where the jury had not found Speedway’s conduct willful, because Coryell’s conduct was clearly willful and Speedway had been at the very least negligent in failing to respond to Dupont’s complaints.

Moniz was injured in an attack by her supervisor at her place of employment during which her supervisor bit her. Moniz was paid $20,000 as a worker’s compensation settlement. This amount was comprised of $12,000 for past and future monetary compensation benefits including any re-employment services and assessment benefits and $8,000 for past and future medical benefits. Attorneys’ fees and doctors’ bills were also paid, including bills for her treatment for psychological injuries. While the worker’s compensation claim was pending, Moniz filed a seven count complaint against her employer, Reitano and her supervisor for 13, retaliation, intentional infliction of emotional distress, assault, battery and false imprisonment, based in part on the “biting” incident and in part on allegations that her supervisor continually made sexual suggestions and threatened to fire her if she did not “do the right thing”. She claimed he touched her breasts, grabbed her buttocks, pulled her underwear and rubbed up against her in an aroused condition. The trial court granted summary judgment against Moniz based on its belief that the election of remedies doctrine barred Moniz from seeking relief in tort and under Title VII for 13 because of her worker’s compensation settlement. This Court held that to the extent Moniz’s claims can be separated from the biting incident on which the worker’s compensation settlement was based, the election of remedies doctrine will not bar such claims. As such, Moniz’s claims for 13 and intentional infliction of emotional distress, which were based on a much broader course of conduct than the battery by her supervisor in the biting incident, were not barred by the election of remedies doctrine.

Complaints were filed with Florida Commission on Ethics against Garner alleging that he attempted to use his position as president of Hillsborough Community College to sexually harass or obtain sexual favors from various female personnel. Following a hearing on the complaints the Commission on Ethics suspended Garner from office for three months. Garner appealed based on Florida Statutes Section 112.313 which provides that “no public officer or employee of an agency shall corruptly use or attempt to use his official position … to secure a special privilege, benefit or exemption for himself or others …” The section defines “corruptly” as “done with a wrongful intent and for the purpose of obtaining ... any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his public duties.” Garner claimed that this statute did not provide adequate notice that 13 was prohibited and that it was intended to cover only economic benefits. In addition, Garner claimed that there were no adverse job-related effects upon employees subject to his conduct. This Court held that since the charges against Garner included his obtaining sexual favors, Garner was “benefited” and that his actions were consistent with the definition of “corrupt” as being inconsistent with the performance of his official duties. Furthermore the Court indicated that it could find no legislative intent to restrict the reach of the statute to economic benefits and that there is no requirement in the statute that as a result of the public officer’s efforts to obtain a benefit from an employee that employee will necessarily be impacted in any particular way. As such, the Court upheld Garner’s suspension.

Plaintiff sued John Haynes for intentional and negligent infliction of emotional distress and Copland, Inc. for ratification of Haynes’ conduct, negligent retention and supervision of Haynes, and imputed liability. The plaintiff alleged that Haynes intimidated and harassed her during the one year that she worked for Copland, Inc. She asked him to stop and reported the incidents to her supervisor. The supervisor reportedly told her that he was a “youngun” and to ignore him. After one incident outside of work, she complained to her supervisors. They had a meeting with the plaintiff and Haynes; Haynes was terminated, and the plaintiff was also terminated later that day. The plaintiff alleged that the harassment caused her to cry, disturbed her sleep, and gave her nightmares. She testified to a long history of sexual abuse at the hands of various individuals. Experts explained that she had a dissociative disorder and the experience of harassment caused a flashback that triggered severe mental problems. The trial court dismissed all claims except the claim “for intentional infliction of emotional distress against Haynes and the claims against Copland for ratification of Haynes’ conduct and negligent retention of Haynes.” The jury awarded monetary damages, and the Court of Appeals ordered a new trial, citing an error in the charge. The North Carolina Supreme Court considered the “thin skull” rule, which “provides that if the defendant’s misconduct amounts to a breach of duty to a person of ordinary susceptibility, he is liable for all damages suffered by the plaintiff notwithstanding the fact that these damages were unusually extensive because of the particular susceptibility of the plaintiff.” Copland argued that there was error because the jury was permitted to “consider the thin skull damages when it determined the liability issue.” Copland contends therefore that the jury was able to find liability “without finding that defendant Haynes’ action could have caused severe emotional distress in a person of ordinary susceptibility.” The court disagreed, noting that a clinical psychologist testified that a person of “ordinary sensibilities” could have been affected in a manner similar to the plaintiff in this case. It also held that there was no error in the jury instructions, and that the instructions correctly explained that the jury had to find that Haynes’ actions could have reasonably injured a person of normal sensibilities before it could hold him liable for all of the consequences of his actions. The court also did not review the Court of Appeals finding that the thin skull rule applies to mental, not just physical injury, and that the fact that the jury received instructions during the damages, rather than liability phase of the case, was not error.

The court upheld an elected clerk’s three-year suspension from the practice of law for various acts, including sexual advances toward female employees in the clerk’s office. Six female employees made allegations that he sexually harassed them. Respondent attempted to argue that his actions toward the employees did not meet the standard for “13” as defined by the EEOC. The Court found that it did not need to rely on a federal agency’s definition to “find that the respondent’s creation and perpetuation of a work environment infected with inappropriate and unwelcome sexual advances violated Prof. Cond. R. 8.4(d).” It found that his acts were “prejudicial to the administration of justice,” whether or not they met a legal definition of 13. Furthermore, he did not testify at the hearing or otherwise rebut the evidence, but merely contended that the allegations by former employees were untrue. It therefore suspended him from the practice of law for three years.

In this case, a woman's in-laws repeatedly demanded additional gifts from her. As a result of this harassment, the woman committed suicide. The Court defined dowry as any demand for gifts in relation to marriage and dowry death as a death within seven years of marriage where there have been demands for dowry.