So You Think Sexual Harassment Doesn't Happen Like It Used To? Think Again! 09-09-2009
- By Ann F. Kiernan, Esq.

"Sexual harassment?" you scoff. "That's so 90's. That locker-room stuff doesn't happen at work anymore." Don't be so sure. Just look at what happened to Julie Gallagher.

Ms. Gallagher worked in sales at the C.H. Robinson Worldwide office in Cleveland. It was a typical cubicle environment in an open floor plan, so co-workers could readily see and hear what the others were doing. During the four months Ms. Gallagher worked there, she and everybody else were subjected to pervasive foul language from her male co-workers about their female colleagues, customers, vendors and others, calling them "bitches, whores, sluts, dykes" and worse. Men and women looked at sexually explicit pictures on their workplace computers. Men left porno magazines open on their desks, and some of them shared sexual and even nude photographs of their girlfriends. Every day, men made dirty jokes and engaged in graphic discussion of their sexual liaisons, fantasies and preferences.

When Ms. Gallagher asked the men to keep the sex jokes to a minimum or put away their pornography, they angrily called her a "bitch". Male co-workers stood by her desk and said that by hiring her, the company "covered two quotas: the girl quota and the fat quota." Ms. Gallagher complained a number of times to her manager, but things just got worse, so she quit and went back to her old employer.

Would you believe that a trial judge threw out Ms. Gallagher's case? She appealed the case and in May, 2009, a federal appeals court reversed the lower court's decision and sent the case back for a full trial, pointing out three big mistakes made by the trial judge:

1. Since men and women were both subjected to the same atmosphere, there's no discrimination. Wrong! The language was "patently degrading and anti-female".
2. The harassment wasn't severe enough and not directed at her. Wrong! "She had no means of escaping her co-workers' loud insulting language and degrading conversations... The Cleveland office [was] permeated with vulgar language, demeaning conversations and images, and palpable anti-female animus".
3. Since she reported the harassment just to her manager and did not go to HR or call the company hotline, the employer is not liable. Wrong again! The supervisor, "through his inaction during the four-month period, ostensibly condoned it all."

Gallagher v. C.H. Robinson Worldwide, Inc.

What This Means to You: This decision makes it clear that all employers have a duty to prevent and correct demeaning and offensive behavior, no matter who is present and whether or not it is directed to anyone in particular. And all managers and supervisors must be trained to recognize harassment when they see it and how to properly handle any complaints.

Even in tough economic times, omitting training is not an option. That would be like canceling your flood insurance when a hurricane is predicted! Workplace discrimination filings soared to an unprecedented level of 95,402 during fiscal year 2008, a 15 percent increase in just one year. Sexual harassment charges went from 12,510 in 2007 to 13,867 in 2008, the largest number of charges since 2002, sharply reversing a ten-year trend of flat or declining sexual harassment charges. Claims of age discrimination and retaliation charges saw the largest increases: up 29% and 23%, respectively. No one should have to put up with the things Julie Gallagher went through. Stop harassment and create a great place to work for everyone with Fair Measures Respectful Workplace workshop.

For most California companies 2009 is a compliance training year.

California law (AB 1825) requires all managers/supervisors to take a two-hour training program every two years to prevent illegal sexual harassment, discrimination and retaliation. The law also mandates that all new managers/supervisors take this same training within six months of hire or promotion. This is more than a check the box issue! Be sure that the training you implement actually meets California law, and will prevent illegal harassment protecting your company from costly lawsuits. Click the link below to ensure your training investment pays off. Call us for a consultation at 800-458-2778.

What are the California Harassment Compliance Training Regulations?

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.