DOD Loses Harassment Case for Failure to Train Harasser 05-03-2007
- By Rita Risser, attorney at law

A U.S. Department of Defense IT employee who endured 12 years of harassment from a co-worker will be telling her story to a federal jury because the employer did nothing in response to her complaints and had no harassment prevention training program.

For years, the harasser made derogatory comments about the co-worker and other women, propositioned her repeatedly, touched her, tried to kiss her and put his hands between her legs. She complained to four supervisors, a manager, and finally filed a formal EEO complaint. After she complained the man tried to run her over at least four times in the parking lot with a government vehicle. The government never investigated the complaints, never reprimanded the harasser, and incredibly never even required him to take harassment prevention training. Noting that "there is scant evidence to support the conclusion that defendants took prompt and adequate remedial action", a federal appeals court ordered a jury trial on the woman's sexual harassment case. Andreoli v. Gates (3rd Cir 04/06/2007)

What this means to you: If the man had been forced to attend harassment prevention training, it might not have made a bit of difference in his behavior. However, it would have gone a long way towards helping the employer win the case.

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.