sexual harassment in the workplace
Expert lawyers are often called upon to represent victims who have been subjected to sexual harassment in the workplace. To make matters worse there are many cases in which the victim also suffers retaliatory actions simply for reporting the incident. Tayeb Hyderally is an employment law expert who has many years of successful litigation in cases involving employment law including sexual harassment and retaliation for reporting.
It is imperative that companies have a solid plan of action in place for instances in which these types of allegations are made. Attorney Ty Hyderally offers companies his expertise on the matter and can help them develop appropriate policies which can protect both employees and employers in these types of instances. Companies which do not have policies in place can have a very complicated situation on their hands which could have been avoided if policies had been created to intervene.
Recently one such case involving both sexual harassment and retaliation for reporting reached a settlement. Three women were employed by Holiday Inn Express located in Simpsonville, South Carolina. They alleged that one of the general managers had sexually harassed all three women. The harassment included inappropriate sexual remarks, unsolicited and unwanted advances and improper touching. This had created a hostile work environment for the women. One of the women filed a complaint with the hotel chain but they failed to take proper steps in responding in a timely manner to the complaints. The company neither investigated nor tried to put an end to the ongoing harassment.
After the woman complained about the sexual harassment, she was terminated. The firing was done by the general manager who was the subject of the harassment allegations. The EEOC maintained that this termination was retaliatory in nature. The EEOC also brought suit against two more companies who are responsible for managing and operating the hotel. These two companies settled with the EEOC and as part of the settlement the companies must make a monetary payment of $90,000 to the victims which will split the money amongst themselves. The companies are also agreeable to taking appropriate steps so that sexual harassment will be prevented in the workplace. As part of the agreement the companies must redistribute their policies on sexual harassment and require annual training on sexual harassment as well as retaliatory actions. All of the hotel’s managers, employees and supervisors must attend this training each year. The companies also have to report any further complaints or allegations of sexual harassment directly to the EEOC.
Sadly enough these types of cases happen frequently. Companies are forced to comply with Title VII of the Civil Rights Act of 1964 which declares that retaliation for reporting an incident is unlawful. Tayeb Hyderally prepares for speaking engagements in which he informs companies and employees how these types of situations can be completely avoided. He also shares his legal expertise to inform them of how to prepare policies that will protect company officials and employees in such cases. Companies should not only have policies regarding sexual harassment in place but also ensure that these policies are easily available to employees at any time.
Many times as part of a settlement on a sexual harassment case, a company will have to make positive improvements to the way they handle and resolve these types of allegations. Sometimes it means revised or additional training that is mandatory for their workers; or it may be revision of policies regarding how allegations are handled. It’s hard to believe that today there are entities who fail to recognize the seriousness of these types of situations. Ty Hyderally is an employment law attorney whose expertise is in handling cases where rights have been violated. Mr. Hyderally also travels and is often invited to speak to various groups and companies to help them be better informed on matters concerning employment law and how a hostile work environment can be avoided altogether.
Mid Valley Labor Services, Inc. is a California based company which has hundreds of employees. The company is a statewide farm labor contractor who provides services for farmers such as workers for vineyards. They recently settled a sexual harassment and retaliation case for $150,000. According to the lawsuit filed by the EEOC, two of their female employees was subjected to sexually explicit language and sexual propositions by her crew supervisor who is male. When the two women objected to the sexual harassment and advances, they were terminated from their jobs. The EEOC cited this as a retaliatory action toward the women for reporting the sexual harassment. Title VII of the Civil Rights Act of 1964 prohibits both sexual harassment and retaliation for reporting or complaining about it.
The provisions of the settlement include $150,000 to be paid to the workers in damages. Mid Valley will also provide annual sexual harassment training to its employees. These sessions will be conducted by out outside professional. They will also make some revisions to their sexual harassment policy as well as their procedures for filing complaints. Supervisors will also be properly trained in preventing sexual harassment and retaliation. The company will also report regularly to the EEOC regarding any harassment complaints that may be received.
Employment laws are in place to protect workers from sexual harassment as well as retaliation for reporting such infractions. The government agency which is responsible for enforcing employment discrimination is the EEOC. The EEOC received this case form the Mexican Consulate. The outcome of this case and others like it helps companies understand that they must take the responsibility of properly training employees as well as those in supervisory positions on the proper procedures for sexual harassment. Hopefully, the revisions made in the company’s policies regarding sexual harassment and retaliatory actions for reporting will serve as a stark reminder that these types of actions will not be tolerated in the workplace. Workers who are trying to make a living for their families should not be subjected to such harassment. And they certainly should not be subjected to retaliation simply for reporting a wrong that has been done them. The company did not confirm or deny the allegations which were made against the supervisor; they simply tried to reach a settlement quickly to save time and money.
The law is becoming clearer on what exactly constitutes sexual harassment in the workplace. Legal experts such as Ty Hyderally have been successfully litigating cases which set new precedents in the legal world. This class action suit which was filed against the Mitsubishi Corporation is an example of successful litigation. This is a case wherein sexual harassment in the workplace got totally out of hand and became a sexually hostile environment.
A class action law suit was filed against Mitsubishi Motors Corp by the United States Equal Employment Opportunities Commission on April 9, 1996. The suit contained over 300 claims by women who worked at the Normal, Illinois Mitsubishi plant. Their claims were that they had been subjected to repeated sexual harassment in the workplace which began as early as 1988. The EEOC alleged that managers had been involved in passing around pornographic photographs of male workers displaying sexual acts, male workers who had exposed themselves, obscene graffiti and assaults (both physical and verbal) against women who worked at the plant. The second part of the class action suit stated that the management and Employee Relations Department failed to respond adequately. Many times there was no response at all to the complaints filed by women who had filed regarding the harassment. EEOC pursued the case to stop the harassment and also to obtain some compensation for the women who had been harassed.
Mitsubishi tried to argue that there were time constraints on some of the older cases and therefore they were not eligible to be included in the class action law suit. However, the court rejected the argument stating that there is not a statute of limitations and that EEOC did not unduly delay their actions.
On June 10, 1998, the EEOC and Mitsubishi reached a settlement. Mitsubishi agreed to pay $34 million in compensation to the workers who had been affected. The company also agreed that they would revamp their sexual harassment policies and adapt a “zero tolerance” policy toward sexual harassment. This meant that they would revise the company’s existent policies and commit to setting up a proper complaint procedure as well as sexual harassment training for its employees. Mitsubishi would also be under review by an independent panel which would monitor the progress at the Normal, Illinois plant. Mitsubishi did become vigilant in their stand against sexual harassment in the workplace and hired Lynn Martin, former Secretary of Labor to help overhaul the system. They now boast a zero tolerance policy.
Sexual harassment is unfortunately part of the day to day life of many workers around the country and makes going to work difficult for many, fortunately there are employment law attorneys such as Tayeb Hyderally who are there to fight vigorously for the rights of all employees.