A jury in Baltimore has awarded three women compensatory damages in amounts ranging from $4,000 to $10,000, plus punitive damages of $110,000 each, after finding that they had suffered sexual harassment and retaliation at the hands of their employer. The jury found that the three former employees Endoscopic Microsurgery Associates, a Baltimore-area medical practice, were subjected to unwanted sexual advances by the company's chief executive officer and chief financial officer. According to the lawsuit filed by the Equal Employment Opportunity Commission (EEOC), Linda Luz, a receptionist for Endoscopic Microsurgery Associates, P.A. / Mark D. Noar, M.D. & Associates, was repeatedly subjected to unwanted sexual advances and a sexually hostile work environment by CEO Dr. Mark Noar and CFO Martin Virga. After Luz repeatedly rejected the advances, the medical practice began retaliating against her by issuing to her unwarranted discipline and rescinding approved leave, which eventually culminated in her retaliatory termination. Study coordinator Jacqueline Huskins similarly experienced unwanted sexual advances from Noar and Virga, as did nurse Kimberly Hutchinson from Noar. Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. Sexual harassment includes intimidation, bullying or coercion of a sexual nature, unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also include offensive remarks about a person’s sex. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Unlawful retaliation occurs when an employer fires, demotes, harasses, or takes other types of adverse action to retaliate against an employee or job applicant because they complained about discrimination or sexual harassment, because they filed a charge of employment discrimination or sexual harassment, or because they participated in an employment discrimination proceeding such as an investigation or lawsuit. The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The EEOC attempted to reach a pre-litigation settlement in this case through its conciliation process. When those efforts failed, it brought suit in federal court and won. John Howley New York, New York The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact our law offices and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I practice law and offer legal services only in jurisdictions where I am properly authorized to do so. I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
0 Comments
Brave Young Women Get Justice and Compensation Imagine you’re a teenage girl working for low wages at a McDonald’s, and the male employees harass you at work by kissing you, touching your private areas, and forcing your hand onto the men’s private parts. Then, when you complain, the company fires you. What would you do? Four brave women decided not to take it. They stood up to the employer and the men who were terrorizing them by filing charges of sexual harassment and retaliation with the U.S. Equal Employment Opportunity Commission (EEOC). Today, the EEOC announced that the employer will pay $1,000,000 to ten women, some of whom are teenagers, as compensation for the sexual harassment and retaliation they suffered. The employer will also be subject to a continuing consent decree requiring, among other things, that it post notices in its restaurants about the sexual harassment lawsuit and implement a comprehensive training program to enable its employees to identify sexual harassment and properly investigate internal complaints. Sadly, this case is not unusual. EEOC General Counsel P. David López commented that “sexual harassment in the restaurant industry remains a problem nationwide.” The good news is that help is available from experienced lawyers willing to take on these cases with no up-front fees and from the EEOC. EEOC General Counsel López pledged that harassment will not be accepted as simply “part of the culture” of the restaurant industry. “As seen in this case,” he stated, “many younger workers’ first experience with the workplace is in this industry and it is important that harassment of these workers not be tolerated.” Be aware that you must act quickly. Under some circumstances, you must file a claim within 180 days. In other cases, you have 300 days to assert your rights. If you have been subjected to sexual harassment, employment discrimination, or wrongful termination, then you should consult with an experienced attorney immediately to protect your rights. To schedule a free initial consultation by telephone or in person, call my office today at (212) 601-2728 or click here to communicate with me via email. John Howley New York, New York The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact our law offices and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I practice law and offer legal services only in jurisdictions where I am properly authorized to do so. I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules. |
John Howley, Esq.
350 Fifth Avenue 59FL New York, NY 10118 (212) 601-2728 |