Employer Asked Woman to Wear Mini-Skirts on Mondays: Should She Win Damages?
SodaHead Living
2011/08/10 17:27:08
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You'd think people would know better by now.
A Utah woman has sued her former employer for sexual harassment, claiming he asked her to wear a variety of sexy outfits on each day of the work week, The Salt Lake Tribune reports.
Trudy Nycole Anderson, 44, says she was told to follow the following wardrobe schedule, according to a civil complaint filed in U.S. District Court:
--"Mini-skirt Monday"
--"Tube-top Tuesday"
--"Wet T-shirt Wednesday"
--"No bra Thursday"
--"Bikini top Friday"
Our first question: Who wears a tube top to work?
Anderson worked as an office manager starting in September 2007, and Derek Wright, owner of Pleasant Grove-based Lone Peak Controls and D and L Electric Control Company, was her supervisor, according to the Tribune.
Wright "repeatedly asked Ms. Anderson about her breast size and talked about her breasts in front of other employees," the complaint states.
He also allegedly asked her to show him her breasts, slapped her on her buttocks and asked her for sex on several occasions, the complaint states.
Perhaps most serious, Wright brought Anderson a document in 2007 stating that she would agree to allow him to sexually harass her, according to the complaint. If Anderson didn’t sign the document, Wright told her she would lose her job.
Anderson claims she reported the sexual harassment and Wright retaliated by firing her in February 2011, and now she's seeking unknown damages. Should she win the case?
A Utah woman has sued her former employer for sexual harassment, claiming he asked her to wear a variety of sexy outfits on each day of the work week, The Salt Lake Tribune reports.
Trudy Nycole Anderson, 44, says she was told to follow the following wardrobe schedule, according to a civil complaint filed in U.S. District Court:
--"Mini-skirt Monday"
--"Tube-top Tuesday"
--"Wet T-shirt Wednesday"
--"No bra Thursday"
--"Bikini top Friday"
Our first question: Who wears a tube top to work?
Anderson worked as an office manager starting in September 2007, and Derek Wright, owner of Pleasant Grove-based Lone Peak Controls and D and L Electric Control Company, was her supervisor, according to the Tribune.
Wright "repeatedly asked Ms. Anderson about her breast size and talked about her breasts in front of other employees," the complaint states.
He also allegedly asked her to show him her breasts, slapped her on her buttocks and asked her for sex on several occasions, the complaint states.
Perhaps most serious, Wright brought Anderson a document in 2007 stating that she would agree to allow him to sexually harass her, according to the complaint. If Anderson didn’t sign the document, Wright told her she would lose her job.
Anderson claims she reported the sexual harassment and Wright retaliated by firing her in February 2011, and now she's seeking unknown damages. Should she win the case?
Top Opinion
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Ben Brink 2011/08/10 17:36:28Yes
+29I am always amazed that people are so stupid, rude, or oblivious to the responsibilities of position. When I was asked by (male) sailors in my various commands how to interact with their female counterparts without their actions being misinterpreted as sexual harassment, I gave them two simple rules--1) consider how they would like their sister or their mother to be treated and 2) always be professional. For leaders--always treat subordinates with respect and any social interaction, which might be considered coerced because of the supervisor's position of power is completely off limits. I really don't think this stuff need be all that difficult.
But then, I am speaking strictly from an emotional perspective, If you were to look at the protocol as to how sexual harassment complaints work my answer might have to change to "NO" to accommodate procedure. That is not to say if what she is alleging is true her supervisor is a pervert at minimum
Unfortunately or fortunately depending on perspective there is a procedure in the work place that an individual must follow when they feel they are a victim of sexual harassment. Most of which starts internally, so my next question would be, how long did this behavior take place...? And who if anyone did she report this supervisor's conduct to and if in fact she did report it at all, did she document it...? How much time from the first incident to the last before she found any corrective measures if any.
And if there were no corrective measure how long before she decided to take it to the next level, The Labor Board. Now don't get me wrong, this is not an attack on the woman in question. But there is a p...
But then, I am speaking strictly from an emotional perspective, If you were to look at the protocol as to how sexual harassment complaints work my answer might have to change to "NO" to accommodate procedure. That is not to say if what she is alleging is true her supervisor is a pervert at minimum
Unfortunately or fortunately depending on perspective there is a procedure in the work place that an individual must follow when they feel they are a victim of sexual harassment. Most of which starts internally, so my next question would be, how long did this behavior take place...? And who if anyone did she report this supervisor's conduct to and if in fact she did report it at all, did she document it...? How much time from the first incident to the last before she found any corrective measures if any.
And if there were no corrective measure how long before she decided to take it to the next level, The Labor Board. Now don't get me wrong, this is not an attack on the woman in question. But there is a procedure where this kind of issue is concern and if it is not followed then it leaves room for doubt on the part of the complaining party.
Every company that has two or more employees are subject to federal and state guide lines where issues like this are concerns. And are required to post information pursuant to such matters. So, if this information wasn't posted then the company itself is in violation. But then if the information was posted then why did she not follow procedure and get upper management involved and follow up with the labor board if she felt this matter was not being handled properly...?
Otherwise, like I said earlier, it leaves room for speculation, could she just be screaming foul as a result of being fired for poor performance. If what she is alleging is true I hope she did do all the right things and have witness's and get what she is seeking in compensation. Just One Man's Opinion
But it is up to a court to determine and then the problem is getting a fair trial.
The company may have more resources to get better legal help. But if a good sexual assault lawyer wants to ruin the company, the verdict may be swayed in her favor.
I believe our legal system is usually bought by the one with the most money.
I agree though that this woman should have done something a long time ago and it is really her fault for allowing this to continue. I know that she might have been scared... but what kind of person doesn't stand up for themselves in a situation like this? It seems like maybe she didn't want it to stop badly enough.
When it comes to situations like this, I don't see what else a person can do BUT report the man. Sure, she needed money to provide for herself, but there was plenty she could do. She could have involved the police or Human resources, she could have spoken to someone higher up than her boss (if there were such a person), she could have done plenty to ensure that her job was safe and that the man didn't get away with this. It is illegal to fire someone or mess with their hours because they file a sexual harassment case against you unless you signed a policy that specifically states that you will be fired should you make such a claim, so if she had reported it earlier then her job could have been saved long enough for her to find another job AND she could have sued him. If he did illegally fire her she would have certainly been able to take him to court and considering any evidence she might have had she probably would have won. This is especially the case as she had eye witnesses and a document. It all goes without saying seeing as that is exactly what she is doing 4 years later.
Had it been me there wouldn't have been a question about whether I would 'take a stand...
When it comes to situations like this, I don't see what else a person can do BUT report the man. Sure, she needed money to provide for herself, but there was plenty she could do. She could have involved the police or Human resources, she could have spoken to someone higher up than her boss (if there were such a person), she could have done plenty to ensure that her job was safe and that the man didn't get away with this. It is illegal to fire someone or mess with their hours because they file a sexual harassment case against you unless you signed a policy that specifically states that you will be fired should you make such a claim, so if she had reported it earlier then her job could have been saved long enough for her to find another job AND she could have sued him. If he did illegally fire her she would have certainly been able to take him to court and considering any evidence she might have had she probably would have won. This is especially the case as she had eye witnesses and a document. It all goes without saying seeing as that is exactly what she is doing 4 years later.
Had it been me there wouldn't have been a question about whether I would 'take a stand' or not, and I sure as hell wouldn't have stayed at such a job. I have enough self worth to never allow someone to get away with this, and obviously so does she seeing as she's taken it as far as she has. I only think she should have stood up for herself earlier before it escalated so much. Had she, her case would have been much more solid and there would have been no question as to whether she would win the case or not. I'm aware that she might not have known what she could do but that's why you do whatever you can to educate yourself and know your rights and options.
KNOWLEDGE IS POWER.
You are right in that it shouldn't have happened at all but we have laws to protect people from this.
You stay at a job where you are being treated this way and you suffer, you have no guarantee that you won't eventually be fired and you have no chance of happiness and no control over your life.
You report the idiot and while there might be temporary consequences (such as the loss of a crappy job) you end the suffering and put yourself back in control of your own life. There is also almost definitely some sort of compensation to be received in such a situation, and eventually you get a new job.
The law may not be a protective shield against losing a job, but it can act as a fantastic weapon, and by using this weapon you can potentially provide a protective shield for someone else.
Sort of like a net gun~
She allowed it to happen for years before she took action. The important thing is that she took action because, as thermoguy said it will hopefully stop him from doing the same to anyone else in the future.
Your analogy doesn't really work here.
It's more like getting raped over and over again... and then waiting 4 years before you report it to the police. If you report it to the police after so long then it might seem as if you allowed it to happen... not to mention the fact that you reported the rape EVENTUALLY makes your suffering for 4 years completely ridiculous. You either report, or you don't... one or the other. I just don't see why you should prolong the inevitable.