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Fox News Corporate Culture Raised Sexual Harassment Problems

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TV heavyweight Fox News has been plagued with public sexual harassment allegations for nearly a year. But the allegations suggest the corporate culture that created the problem ran even deeper.

In this blog post, I will review the sexual harassment allegations against Fox News starting in 2016. I will discuss how the corporate culture at the company affected gender discrimination claims. I will also explain how changing the climate at your company may open the door to correcting sexual harassment at work.

Fox News Faces Sexual Harassment Claims

Since July 2016, 21st Century Fox, and its news outlet Fox News, have been making a lot of news of their own, and not in a good way. Allegations of sexual harassment, sexism, and misconduct have surfaced one after another for nearly a year. Here’s a summary of the events to date:

  • July 6, 2016: News anchor Gretchen Carlson filed a sexual harassment lawsuit against Fox News chairman and CEO Roger Ailes.
  • July 9, 2016: Republican National Committee field adviser Kellie Boyle, model Marsha Callahan, and four anonymous women accused Ailes of harassing them for decades.
  • July 11, 2016: External law firm Paul, Weiss, Rifkind, Wharton & Garrison investigated the allegations against Ailes for Fox.
  • July 19, 2016: Star reporter Megyn Kelly raised sexual harassment allegations against Ailes.
  • July 21, 2016: Roger Ailes resigned from Fox News without admitting responsibility. He received a $40 million severance package.
  • July 29, 2016: Booker Laurie Luhn said she was “psychologically tortured” by Ailes for over 20 years.
  • August 22, 2016: Co-host Andrea Tantaros filed a separate lawsuit against Fox News for executives sexual harassment and retaliation.
  • September 6, 2016: Fox News settled with Gretchen Carlson for $20 million and a public apology.
  • March 8, 2017: Fox News settled sexual harassment claims by Tamara Holder for $2.5 million.
  • April 1, 2017: The Times reported that reporter Bill O’Reilly and Fox News paid a total of $13 million to 5 women working or appearing on his show in out-of-court settlement of harassment claims.
  • April 3, 2017: Contributor Julie Roginsky filed another sexual harassment lawsuit against Ailes and retaliation claims against Fox News Co-President Bill Shine.
  • April 4, 2017: Fox News guest Wendy Walsh held a press conference to raise sexual harassment claims against O’Reilly, which were reported to the network’s anonymous hotline.
  • April 9, 2017: Paul, Weiss announced it would investigate claims against O’Reilly.
  • April 19, 2017: Fox News announced O’Reilly would leave the network.
  • April 21, 2017: Fox News guest Debbie Schlussel raised allegations of improper conduct by Sean Hannity.
  • April 25, 2017: 8 Fox News employees raised racial discrimination claims saying Fox News had “Plantation-style management”.
  • May 1, 2017: Co-President Bill Shine resigned from Fox News.

Fox News Denies Allegations, Despite Repeated Retaliation Claims

Despite the number of complaints and lawsuits Fox News is facing, it continues to deny nearly every allegation of sexual harassment or workplace discrimination. In its settlement with Gretchen Carlson, Fox News publicly apologized “for the fact that Gretchen was not treated with the respect and dignity that she and all our colleagues deserve.” However, the company has by and large rejected claims that it was not supportive of employees who lodged complaints. 21st Century Fox believes it has done enough to change a poor corporate culture:

“The company’s management has taken prompt and decisive action to address reports of sexual harassment and workplace issues at Fox News. . . . These actions have led to an overhaul of Fox News Channel’s leadership, management and reporting structure, and have driven fundamental changes to the channel’s on-air talent and primetime programming line-up.”

Corporate Culture Discouraged Report of Sexual Harassment

Lilia Cortina, a professor of psychology and women’s studies at the University of Michigan, told NPR that the problem is that corporations, including Fox News, can have corporate cultures that discourage reports of sexual harassment. Questions of corporate culture include:

  • Whether reports are taken seriously
  • Whether there are consequences to a harasser’s actions
  • Whether those who do report face retaliation against.

Cortina encouraged companies use flexible reporting options including both formal and informal channels. She said the reporting systems should encourage disclosure of all offensive behavior, even if it isn’t serious enough to be illegal. They should assure employees they are safe when they do so and will not be risking retaliation if their report is less severe, or against a company superior.

What You Can Do If You Fear Retaliation

If employees don’t feel safe reporting sexual harassment or workplace discrimination, it is generally because they fear retaliation from their employer. They worry that their superiors will make their work-lives miserable, or will fire them outright. Retaliation for discrimination claims is illegal, but it is still a reality. If you fear retaliation, there are some things you can do before filing your report to protect yourself later on:

  • Document everything using a log
  • Download, print, and preserve your employment reviews and evaluations
  • Recruit witnesses or coworkers who will support your claim
  • Prepare a written complaint (and keep a copy)
  • Talk to an experienced employment discrimination attorney

By bringing in an employment discrimination attorney before you start your complaint process, you can explore your options, make a plan, and prepare for the worst. Having an employment lawyer on your side can help insulate you against retaliation and improve your chances in resolving your sexual harassment claim quickly in a way that protects your rights.

At Eisenberg & Baum, LLP, we have sexual harassment attorneys ready to help you fight back against the signs of gender discrimination. We will meet with you and develop a strategy to get you back to a comfortable working environment and protect against retaliation. You don’t have to face it alone. Contact us today to schedule a free consultation.

How to Settle a Sexual Harassment Claim Out of Court

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Lawsuits are important. They publicly expose illegal employment behavior and provide important remedies to injured workers. But not every claim needs to go to trial. Find out how a lawyer can help you settle a sexual harassment claim out of court, and why you might want to.

In this post, I will discuss the out-of-court settlements entered by Fox News regarding TV personality Bill O’Reilly. I will explain why some employees say yes to out-of-court settlements, and how a lawyer can help protect your rights during negotiations.

Fox News Settles Sexual Harassment Claims

2016 posed big employment law challenges for Fox News. The company faced sexual harassment lawsuits by reporters Gretchen Carlson and Andrea Tantaros, who claimed former chairman Roger Ailes and others in upper management had subjected them to on-going gender discrimination and sexual harassment. Now, in 2017, the New York Times has reported that there was even more going on behind the scenes.

The newspaper obtained a letter that complained of sexual harassment claims by employee Juliet Huddy against TV host Bill O’Reilly. According to the letter, O’Reilly tried to have a sexual relationship with Huddy in 2011, at a time when he had significant influence over the direction of her career. Specifically, the letter said O’Reilly invited her to his home, tried to kiss her, took her out to dinner and the theater, and then appeared at the door to meet her in his boxer shorts. When Huddy refused his advances, the letter says O’Reilly tried to interfere with her professional advancement. Fox executive Jack Abernethy was also said to have retaliated against her professionally after she declined O’Reilly’s personal relationship.

Fox News and Mr. O’Reilly’s attorney have denied the allegations, but that did not stop them from entering into a high six figure settlement with Ms. Huddy. In exchange for the money, Huddy agreed not to sue the company for her sexual harassment claims.

The Benefits of a Sexual Harassment Settlement

If you have been the victim of ongoing sexual harassment, it can be tempting to insist on your day in court. But depending on your long-term employment goals, a settlement may be better for you, and your career.

Out-Of-Court Settlements Mend Fences in the Workplace

If your goal is to stay with your company, you will be working day-to-day with the potential defendants in any eventual lawsuit. While retaliation is illegal, you can’t litigate against hard feelings. If you want to stay on good terms with your employers and coworkers, an internal settlement may be able to get you the relief you need, without making you and your boss enemies.

Settlements Get Relief Faster

Lawsuits and Equal Employment Opportunity Commission (EEOC) investigations take time. If you go through formal channels, it can take months, or sometimes years, before you receive the relief you need. But if you engage your employer in informal negotiations instead, you could end up back to work faster. Depending on your claims, it may be possible to avoid any interruption to your income, work schedule, or employee-provided insurance.

Settlements Keep Your Affairs Private

Privacy is perhaps the biggest attraction of a sexual harassment settlement, for both sides. Employers often want to avoid the negative publicity of employment discrimination claims filed in court. Employees may not want their personal affairs to become part of public court record. The New York Times article proves that even informal settlements can sometimes go public. But many settlement agreements include non-disclosure provisions that protect the privacy of everyone involved.

How a Sexual Harassment Lawyer Can Help

It may be tempting to try to handle your sexual harassment complaints yourself. After you file an internal H.R. complaint or a grievance with your union, it may seem like there is nothing a lawyer can do. But any time an employer starts to talk about a “waiver” or “satisfaction of claims” it is essential that you get an experienced sexual harassment attorney on your side.

Employment discrimination laws give you access to a wide variety of remedies, from back pay and other financial compensation, to equitable remedies. Your employer could be required to discipline, or even fire, your harasser, and make changes to policy at the office, among other things. But if you never speak to a lawyer, you could very easily overlook some of your rights. A sexual harassment lawyer can make sure you get the remedies that will prevent the behavior from happening again, along with a fair financial compensation.

Many employers will try to sweep a wide variety of claims together when entering a settlement. Depending on the language of the settlement agreement, you could accidentally be forgiving the company for far more than you intended, even future behavior. An employment discrimination attorney can carefully review any settlement language to make sure you aren’t giving up more than you intended.

At Eisenberg & Baum, LLP, we know how to protect all of your rights at work, along with your privacy. Our experienced sexual harassment attorneys will meet with you to discuss your priorities and create a strategy to get you the relief you need. Contact us today to schedule a free initial consultation and get your case started.

Kansas Custodians Say They Were Fired After Reporting Sexual Harassment

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If you are facing a sexually hostile work environment, you may be hesitant to report it. You may be afraid you will be fired after reporting sexual harassment to your employer or the EEOC. That’s what happened to several Kansas school district custodians who were facing harassment at work.

In this blog, I will review the case of Reyes et al. v. Hugoton Public Schools. I will explain what sexual harassment charges look like, and what you can do if you have been retaliated against after standing up for your rights at work.

Kansas Custodians Face Sexual Harassment at Work

Elda Pena and Francisca Reyes were custodians for a Kansas high school within the Hugoton Public School District. Pena had been working there since 2010; Reyes since 2012. In a complaint filed with the United States District Court for the District of Kansas, they said that their mutual supervisor Rogelio Hernandez had sexually harassed them, and that they were fired after reporting that sexual harassment.

According to the complaint, Hernandez groped the women, demeaned them, and invaded their privacy. He would call Reyes a Spanish word for a woman who leaves a man with “blue balls.” He called Pena a prostitute and said that she had to have sex with him if he asked, because he was her boss. He would stand uncomfortably close to them and would regularly walk into the women’s restroom without knocking.

In August 2013, Reyes, Pena, and five other women met with the district superintendent, Mark Crawford, to register their complaints. Crawford dismissed them, telling them through a translator that Hernandez was a good man. He said to forget about it and not take any action against their boss. In responding that way, Crawford ignored the fact that Hernandez had previously been suspended for two days based on a 2012 sexual harassment claim.

When the women persisted, Crawford eventually reassigned Hernandez to another shift and put him on 120 days of probation. He also reassigned Reyes and Pena. However, Hernandez continued as Director of Facilities. But in doing so, Crawford assigned Pena to a supervisor against whom Pena had previously lodged a separate complaint, saying that he groped and sexually harassed her when they worked together in the past.

Then, on October 7, 2013, Crawford fired Pena outright and sent Reyes a letter, warning her that “talking negatively about your direct supervisor with other staff members and the community in general is completely unacceptable.” He fired her a week later.

Sexual Harassment At Work Is Illegal

The kind of treatment Reyes and Pena report is illegal under Title VII of the federal Civil Rights Act, as well as state anti-discrimination laws. Federal law says illegal sexual harassment can include:

  • Unwanted sexual advances
  • Requests for sexual favors
  • Physical conduct of a sexual nature
  • Insults or demeaning statements based on a person sex

The conduct may be by a person’s supervisor (like Hernandez), co-worker, or even a client or customer. When this behavior becomes frequent enough or severe enough to create a hostile work environment, or results in an adverse employment decision, it becomes illegal sexual harassment.

In determining the strength of a sexual harassment claim, employment discrimination lawyers and federal judges will look at how an employer responded to formal or informal complaints. If the Kansas custodians’ claims are proven, the superintendent’s disregard for their concerns could work against the district at court.

Fired After Reporting Sexual Harassment? That’s Illegal Too

Crawford’s initial response to the women’s sexual harassment claims was bad enough, but when he fired them both within a week, he likely committed illegal retaliation. Every civil rights statute that the Equal Employment Opportunity Commission (EEOC) enforces, including the federal Civil Rights Act, includes protection against retaliation. If an employee is discriminated against because she complains about sexual harassment in her workplace, that in itself may be grounds for a lawsuit.

The sexual harassment attorneys for the Kansas custodians are seeking back pay, front pay based on their lack of employment, and punitive damages against the school district. Retaliation claims can also result in additional damages for:

  • Expenses related to finding replacement employment
  • Costs of mental, emotional, or other treatment needed as a result of the harassment
  • Other out-of-pocket expenses
  • Pain and suffering for emotional harm, mental anguish, or loss of enjoyment of life.

Retaliation protections apply to more than just the victim of sexual harassment. Anyone fired after reporting sexual harassment, acting as a witness, or participating in the investigation in any way may be entitled to civil rights protections.

If you have been fired after reporting sexual harassment, you need to talk to an experienced employment discrimination attorney to find out what protections are available to you. At Eisenberg & Baum, LLP, our attorneys are trained to help you fight back against retaliation and sexual harassment. Contact us today to schedule a free consultation, and find out whether you have a case.

New Guidance on Employment Harassment Law

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How do you know what your employer is supposed to do to prevent employment harassment? Is there anything you can do to show employers what they should be doing without filing a complaint? The new EEOC proposed guidance is a good place to start.

In this post I will discuss the newly proposed Enforcement Guidance on Unlawful Harassment published by the EEOC and how it will help employees and employers prevent and respond to harassment. I will explain how employees can use this guidance to their advantage with the help of skilled employment discrimination attorneys.

The EEOC Issues Proposed Employment Harassment Guidelines

On January 10, 2017 the Equal Employment Opportunity Commission (EEOC) issued new proposed guidance on employment harassment policies. The EEOC is responsible for enforcing federal civil rights laws protecting employees from harassment based on “race, color, religion, sex, national origin, disability, age, or genetic information.” However, over time, the way harassment happens, both at work and online, has changed. That means the agency’s policies need to change too. The proposed guidelines are designed to update several outdated EEOC policies, in light of the changing workplace.

New Guidelines Respond to Increasing Harassment Claims

From 2012 to 2015, the number of private harassment claims filed with the EEOC went up dramatically. In 2015, the EEOC received 27,983 private sector harassment claims. That’s over 30% of all charges filed that year. Among federal government employees, 44% of complaints included harassment. EEOC Chair Jenny R. Yang said in a statement:

“Harassment remains a serious workplace problem that is the concern of all Americans. It is important for employers to understand the actions they can take today to prevent and address harassment in their workplaces.”

To combat this trend, the new EEOC guidance breaks down harassment claims into 3 elements:

  • Is the conduct based on a legally protected status?
  • Does the conduct create a hostile work environment (because of severity or frequency)?
  • Is the employer responsible?

To help employers avoid problems at their workplace, the guidelines recommend an effective harassment complaint system which:

  • Has the resources to respond effectively, promptly, and thoroughly to complaints;
  • Is accessible in all languages commonly used by employees;
  • Allows multiple routes to file complaints;
  • Uses neutral investigators;
  • Protects the privacy of victims, alleged harassers, witnesses, and those who report behavior;
  • Protects those accused of harassment against premature assumptions of guilt.
  • Prevents retaliation against victims, witnesses, and those who report behavior.
  • Properly informs the person complaining about how the matter is resolved.

Online Employment Harassment

As business turns increasingly online, the EEOC has had to begin responding to claims of harassment occurring outside the workplace, including on social media. This has resulted in a broad definition of what is included in employment harassment. The proposal recommends that employers train employees on civility and explains that this includes online interactions. Civility trainings should be:

  • Encouraged by senior leadership
  • Reinforced regularly
  • Attended by all levels of employees
  • Provided in all languages commonly used by employees
  • Conducted in person or using active engagement tools
  • Tailored to the needs of each workplace
  • Evaluated by participants and updated accordingly

Civility Policies May Conflict With Existing Policies

Some legal experts say that the new EEOC employment harassment guidelines could contradict recent decisions by the National Labor Relations Board. The NLRB has taken the position that uncivil language used in the course of a labor dispute is protected speech. Regulating that language has resulted in at least one wrongful discharge claim. That could result in a legal challenge to settle the dispute between agencies. At least one member of the EEOC’s Select Task Force on the Study of Harassment in the Workplace seems to welcome that challenge. Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York City, has been quoted as saying:

“‘Over time I expect and hope the board will cut back on its absurd uncivil treatment toward civility and its coddling of harassers.”

EEOC Invites Public Comment

The EEOC’s proposed language issued in January isn’t necessarily the final word on the matter. The agency is inviting public comment on their proposed guidelines until February 9, 2017. Members of the public are invited to submit input (in narrative form) at www.regulations.gov or by writing to Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.

In the meantime, the EEOC and NLRB representatives may well resolve their differences. In either case, the EEOC will likely issue a final version soon after the deadline.

Using the Employment Harassment Guidance at Work

Even in rough form, the EEOC’s guidelines provide a starting point for conversations with an employer about harassment in the workplace. If you believe your supervisor or business isn’t living up to these standards, an employment discrimination attorney may be able to help. Contact Eisenberg & Baum, LLP, to schedule a consultation and find out how you can make the proposed guidance work for you.

Can I Win My Lawsuit for Workplace Harassment?

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It’s one thing to feel like you are being harassed at work. It’s another to know you have a winning lawsuit for workplace harassment. Find out what makes a strong case, and what to do if you think you have one.

In this blog I will review what it takes to file a workplace harassment lawsuit. I will explain what makes a claim weak or strong, and how you can prove your case. I will also address how settlement can sometimes get the remedy you need.

Filing a Workplace Harassment Claim

State and federal civil rights laws protect against workplace harassment. If your job is made difficult by supervisors’, coworkers’, or even customers’ comments and behaviors which constitute a hostile workplace or sexual harassment, you may be able to file a lawsuit in federal court.

Sexual Harassment

Sexual harassment may be the most well-known kind of workplace harassment claim. It happens when an employee faces unwelcome sexual advances, requests for sexual favors, or other comments or behaviors that are sexual in nature. It can also include offensive comments about the employee’s sex or gender.

Hostile Work Environment

Even if the offensive behavior has nothing to do with sex, you may still have a workplace harassment claim when circumstances create a hostile work environment. This kind of harassment can be based on race, color, religion, gender, pregnancy, national origin, age, disability, or genetic information. As with sexual harassment, a lawsuit under federal law is only appropriate when it either:

  • Results in an adverse employment decision against you, or
  • Is so constant or severe that a reasonable person would consider it hostile, intimidating, or abusive.

Is the Harassment Bad Enough to Win?

Simple teasing or petty annoyances aren’t enough to create a workplace discrimination lawsuit. So how bad is bad enough to win? The courts will look at:

  • What happened,
  • When it happened,
  • Who was doing it,
  • How frequently it happened.

Generally, actions speak louder than words, and the actions of a person’s supervisor weigh more heavily than those of a coworker or customer. More frequent behavior or comments creates a stronger case than a one-time event. The courts will also consider what your employer did about it when it found out about the behavior.

How Much Can You Prove?

Workplace harassment lawsuits rise and fall on the evidence available. All too often, sexual advances are done behind closed doors, without witnesses. Workplace bullying may make it hard to find anyone to speak up for you. Or you may not know who else saw the offensive email or post. To have a strong case, you and your employment discrimination attorney will need to put together evidence to prove the harassment happened, and it was based on a protected trait (like race or sex). To prove your workplace harassment claim you may be able to present:

  • Documents like emails, text messages, or intraoffice communications that demonstrate bias
  • Testimony of others who experienced similar treatment
  • Testimony of witnesses who saw how you were treated
  • Physical evidence like photos or objects used to harass you
  • Your personal harassment log
  • Your professional evaluations before and after the harassment
  • Internal complaints you filed and any responses
  • Medical records or doctors’ testimony about harm caused by the harassment

The more objective evidence you have, the stronger your case. But even a “he said, she said” lawsuit can sometimes prevail.

What Winning a Workplace Harassment Case Looks Like

In real life, rather than on television, most cases result in a settlement. Rather than fighting for your “day in court” and a big dramatic jury result, you may be able to win the relief you need through a satisfying settlement. Depending on your circumstances, and your needs, a win could include:

  • Money damages
  • Changes in workplace policy
  • Removal of offending coworkers or supervisors
  • Transfers to a different unit or shift
  • Reinstatement to a lost position
  • Injunctions banning future harassment
  • Attorneys’ fees.

Before you push to go to trial, be sure to have a conversation with your lawyer about your needs, your priorities, and what a successful resolution will look like for you.

There Is No Sure Thing

Every workplace harassment case is different. There are facts and circumstances that weigh for and against a plaintiff. There are factors not even listed here that can send your case to the cutting room floor or make it a blockbuster. That’s why nothing can replace a full consultation with an experienced employment discrimination attorney. At Eisenberg & Baum, our lawyers are here to help. We will evaluate your case, and the evidence available, to help you determine if you can win your workplace harassment lawsuit. If you think you have a claim, contact us to schedule a free consultation and find out how strong your case is.

How to Create a Sexual Harassment Log

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If you are facing sexual harassment at work, you may feel like there is nothing you can do, but there is. By keeping a log of offensive workplace behavior you can help your lawyers build your case and get a better result in the long run. Here’s what you need to know to log sexual harassment.

In this blog I will tell you how to create a sexual harassment log, including what to include and how to store it. I will also review the federal laws around sexual harassment and explain how a log can help.

Sexual Harassment is Illegal

Sexual harassment is against local and federal law. Title VII of the Civil Rights Act prohibits harassment of an employee or applicant because of that person’s sex. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or sexual statements or physical contact. It can also include offensive remarks based on a person’s sex.

In most cases, a single act isn’t enough to count as sexual harassment. Instead, a person claiming sexual harassment must show that the behavior is severe or frequent enough to create a hostile or offensive work environment or resulted in an adverse employment decision (like being fired, suspended, or passed over for promotion).

Why a Sexual Harassment Log is Important

Since most sexual harassment lawsuits depend on demonstrating a pattern of behavior, documentation is key. By collecting information about your working environment on a day-by-day basis, you can help your attorney build your case. Your sexual harassment log will give clues to guide discovery – the process of gathering information from your employer prior to trial. When it comes time for your administrative hearing or trial, your log can also help you prepare to testify.

How to Create a Sexual Harassment Log

The more complete your sexual harassment log, the better it will serve you in preparation for your sexual harassment lawsuit. Keep everything together in one place, so you aren’t scrambling to track down documents later. The log can be digital or physical, but it should never be stored on a computer, laptop, or phone provided by your employer.

What to Include

A sexual harassment log should include the who, what, where, when, and why of each occurrence. For each incident that happens be sure to include:

  • Date
  • Time
  • Location
  • Offender’s name & title
  • Description of what happened
  • Witnesses’ names & titles
  • Your reaction

Be as specific as you can. If you estimate that an incident happened at 11:00 a.m. and the offender is later able to demonstrate that he or she was in a meeting until 11:30 it can hurt your credibility and the strength of your log.

Recording Details is Important

Sexual harassment is by nature disturbing. It can be tempting to generalize what happened so you do not have to relive the experience again. But recording details, including slurs or insults and actual words used is important. The more detailed your records can be, the more useful they are to your attorney and the court.

You should also include details about what was happening in the moments leading up to and following the incident. This will provide important contextual information and help your witnesses remember information that may not have been as important to them as to you.

Recording Your Reactions

You should never feel silly or ashamed about your reactions to sexual harassment. Recording how you felt after an offensive incident is important. Whether you were mad, sad, afraid, or uncertain, your impressions can show the court how your co-workers’ behavior affected you and your ability to do your work.

Keeping Documents

Your log shouldn’t just be your personal thoughts. It is also a place to keep all the documents involved in the incident. This could include:

  • Emails to or from your employer about the situationJob Performance Review Paper
  • Emails to or from the offender
  • Text messages or instant messages
  • Physical letters, memos, or notes
  • Formal complaint forms
  • Pictures
  • Statements written by witnesses
  • Performance reviews

Print everything out or copy the documents to your personal electronic record as soon as possible. Do not trust that you will have access to your employer’s records after the fact. If the circumstances of your sexual harassment get you fired you could very quickly be cut off from the information.

Include Formal Employment Documents

You may not think to include things like work schedules, performance reviews, or other employment documents in your sexual harassment log. But these documents can be crucial to demonstrating an adverse employment decision. Collect employment documents from before, during, and after the harassment. But be careful to remove proprietary information which are you not permitted to take. Your attorney can use the historical data to show what your work was like before the hostile workplace was created.

Preparing for a sexual harassment lawsuit doesn’t happen overnight. Creating a sexual harassment log is an important step to getting the harassment to stop. At Eisenberg & Baum, LLP, our sexual harassment attorneys can help you create a strategy to defend your career and end the harassment. Contact us to schedule a free consultation.

Top 5 Reasons Women Sue Their Employers

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What would make a woman take her employer to court? If you are facing a difficult situation at work, you may wonder what other female employees have done to get fair treatment. Here are some common forms of discrimination lawsuits that women file against their bosses.

In this blog I will discuss 5 common issues for employment lawyers who advocate for women. I will introduce issues of gender discrimination, pregnancy and disability accommodations, and equal pay wage gap problems. I will also provide examples for each kind of discrimination.

Women Sue to Stop Sexual Harassment

Whether it is overt sexual advances or repeated sex-related jokes, sexual harassment can make an office or job site unbearable. When gentle reminders and formal complaints fail, women often have to take their employers to court to stop sexual harassment. There, the judge will look at whether a pattern of behavior is so extreme or pervasive that it creates a hostile working environment.

For example, if a woman is repeatedly exposed to pornographic male images, even after asking her co-workers to stop, she may be facing sexual harassment. If her employer won’t do anything about the “jokes” she could be able to sue.

Gender Discrimination Lawsuits Help Break the Glass Ceiling

Gender discrimination doesn’t always look like harassment. Sometimes, a woman will discover that she is being given poorer working conditions or has been passed over for promotion simply because of her sex. When a manager, supervisor, or boss bases employment decisions on sexual stereotypes, it can result in an adverse employment decision and the basis for a gender discrimination lawsuit.

For example, if a woman has the qualifications for an accounting position at her company, but her boss gives the job to a man because “women can’t be trusted with money,” she may have a claim.

Expectant Mothers Stand Up Against Pregnancy Discrimination

The birth of a child should be a joyous event. But sometimes, when an expectant mother gains a child, she loses a job. Even though the Pregnancy Discrimination Act prohibits making job decisions based on a person’s pregnancy, childbirth or related medical condition, many women find themselves having to choose between family and work. When an employer refuses to make temporary accommodations for a pregnant woman’s medical restrictions or denies a pregnant mother unpaid leave, those decisions can sometimes lead to a pregnancy discrimination lawsuit.

For example, if a woman takes unpaid maternity leave from a larger company, only to find she has been replaced when she is ready to come back, she could be entitled to file a lawsuit.

Disabled Women Deserve Work Too

Not every lawsuit a woman brings against her employers has to do with her gender. Women also face discrimination at work for things like race, religion, and disabilities. When a female employee is disabled, for example, she may have to sue to get the reasonable accommodations she needs to complete her work. The Americans with Disabilities Act and the Rehabilitation Act are designed to make sure every worker has the tools she needs to do her job. Still, many employers are unwilling to make even simple accommodations for their workers. When that happens, women can get the help they need through a lawsuit under the ADA.

For example, if a female cashier’s physical condition makes it difficult to stand at her register for her entire shift, she may request a stool to sit on as an accommodation. If her employer refuses even though it would not be unreasonably expensive or difficult, she may be able to sue.

Women Sue for Equal Pay at Work

Even when an employer doesn’t interfere with a woman’s work, it may still be discriminating against her when it comes to her pay check. In many industries, women make significantly less than men for doing the same work, even though that is illegal under the Equal Pay Act. When a woman discovers that she is making less than her male counterparts because of her gender (rather than performance or seniority, for example), she may be able to sue for wage discrimination.

For example, if a professional woman discovers that her annual bonus is half of that received by male employees with similar work histories, she may be entitled to file a lawsuit.

Helping Women Get Fair Treatment at Work

When women find the odds stacked against them at work, they need the help of skilled and experienced gender discrimination attorneys to set the records straight. At Eisenberg & Baum, LLP, we help women every day to get equal treatment from their employers. Whether your case involves gender discrimination, sexual harassment, or pregnancy, disability, or wage discrimination, we can help you make your case. Contact Eisenberg & Baum, LLP, today to schedule a free initial consultation and find out whether it is time to sue your employer.

What Does Quid Pro Quo Sex Discrimination Really Look Like?

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When someone at work comes on to you, it can be hard to know whether saying no will put your job at risk. Is it just a friendly offer, or is your promotion, seniority, or even you career on the line? Find out what quid pro quo sex discrimination looks like in today’s workplace, so you know when and how to fight back.

In this blog post, I will describe several hypothetical examples of quid pro quo sex discrimination and explain how each may result in an employment discrimination claim. I will also explain the next steps you should take if you think your boss is holding your job hostage to sexual requests.

What is Quid Pro Quo Sex Discrimination

“Quid pro quo” is a Latin for “something for something” or “this for that.” In the legal world, it means that you will get something only if you give something else. In the context of employment, quid pro quo sex discrimination happens when a boss, supervisor, or manager makes it clear that an employee will only get something (like a raise or promotion) in return for saying yes to a sexual demand. It can even apply when the “something” the employee receives is that he or she will not be fired, be reprimanded, or face other negative employment actions.

When it comes to Title VII and the Equal Employment Opportunity Commission (EEOC), illegal sex discrimination or sexual harassment happens when rejection of unwanted sexual advances results in an adverse employment action. This can include being fired, demoted, passed over for promotion, or receiving negative evaluations, among other things. The trigger for these actions is usually the employee’s refusal of sexual advances or requests for sexual favors.

What Does Quid Pro Quo Sexual Discrimination Look Like?

Overt Sexual Offers

Sometimes, the quid pro quo harassment is obvious. For example, let’s say Ellen has been a 3rd shift stockroom employee for a grocery store for almost 1 year. At her annual review, her supervisor, Tony, says he will recommend she be promoted to shift manager if she will agree to certain sexual favors. Quid pro quo: If Ellen gives Tony sex, Tony will give Ellen a recommendation.

Implied Sex Discrimination

Perhaps more often, a supervisor’s sexual advances are more subtle. For example, news reporter Gretchen Carlson recently sued her former employer, Fox News, claiming that Chairman Roger Ailes had made inappropriate sexual advances that amounted to quid pro quo sex discrimination. According to her complaint, Ailes told her: “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.” He added “sometimes problems are easier to solve” that way. While Ailes’ comments didn’t overtly offer career advancement, the idea that “you’d be good and better” implied illegal quid pro quo sex discrimination.

Sex Discrimination at School

Not every claim of quid pro quo sex discrimination happens in the workplace. Sometimes, the thing promised is academic achievement or accolades. For example, imagine that David was a freshman in college, struggling to get through a required history class. He asked his professor, a woman, for help during office hours. When he showed up to her office, the professor made advances on him, but he rejected them. The professor then got angry and told David to leave, refusing to provide the assistance unless he agreed to engage in sexual activity with her. By conditioning the tutoring on David’s sexual willingness, the professor crossed the line into quid pro quo sex discrimination.

Quid pro quo isn’t the only form of gender discrimination. Sometimes sexual harassment can take the form of a hostile work environment. But when promotions, employment, or even termination depends on the subordinate saying yes to sexual favors, the EEOC and civil judges are quick to find discrimination.

The challenge in many quid pro quo sex discrimination claims is proving they happened. If you have been improperly approached by a supervisor or superior, contact the employment discrimination attorneys at Eisenberg & Baum, LLP, today for a free consultation. We will help you gather the proof you will need to take back your job, and your dignity.

Top 3 Signs That You’re Being Sexually Harassed at Work

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When comments, behavior, and jokes make you uncomfortable at work, it’s tough to know whether there is anything you can do about it. Are you being too sensitive, or is it really sexually harassment? Here are three signs that you are being sexually harassed at work.

In this blog, I will review the top 3 signs that workplace behavior counts as sexual harassment. I’ll explain how the Equal Employment Opportunity Commission (EEOC) decides whether something counts as sexual discrimination. And I’ll explain what to do if you are being sexually harassed at work.

1. That One Sexual Comment You Tried to Ignore Has Turned into Constant Comments

One off-color comment isn’t necessarily sexual harassment. Just because a coworker asked you for a date doesn’t mean you should file a complaint. But when that one sexual comment turns into a constant stream of unwanted sexual statements, that’s a good sign you are facing sexual harassment.

Federal laws prohibit unwanted sexual behavior that is so frequent or so severe that it creates a hostile or offensive work environment. So when one comment becomes many over your objection, you may well be facing sexual harassment. The more off-putting the statements, the less often they need to happen before they cross the line into discrimination.

2. You Feel Like Your Job Depends on Saying Yes to Sexual Advances

Anyone asking you to have sex with them can feel uncomfortable. But when the person asking is your boss, it can create added pressure to say yes. If you feel like you could be fired or your job could be affected if you say no to sexual advances, you are likely facing sexual harassment.

Under federal and state laws, requests for sexual favors count as sexual harassment if they result in an adverse employment decision. This can include firing, demotion, negative reviews, or even changes in shift and job assignments. If saying no to a supervisor’s sexual advances leads to negative treatment at work, that treatment will likely count as sexual discrimination.

3. Your Complaints Are Ignored or Mocked

It can be tough to get up the courage to object to sexual jokes or comments. When a boss or co-worker insists on calling one gender names or talking about his or her sex life, it can seem like that’s just part of the job. The key to ending discriminatory treatment is to say something about it. Sexual harassment laws require that the behavior in question be unwanted. Unless you raise an objection to the behavior, it can be hard for an employment discrimination attorney to later prove you weren’t willing to play along.

But complaining doesn’t always end the behavior. Even though your employer has an obligation to correct discriminatory behavior, often an employee’s complaints can go unanswered. Worse, sometimes filing a complaint with your union or your HR department can result in retaliation. You could end up mocked for reporting the very behavior you find offensive. When that happens, not only are you facing sexual harassment, you may also have a claim for retaliation.

What to Do if You See the Signs of Sexual Harassment

If you are facing sexual harassment at work, there are a few things you can do to get results:

  1. File a formal complaint with your employer or HR department.
  2. Document every instance of harassment.
  3. File a complaint with your union representative.
  4. Request a transfer or reassignment.
  5. Talk to an employment discrimination attorney.

At Eisenberg & Baum, LLP, we have sexual discrimination attorneys ready to help you fight back against the signs of sexual harassment. We will meet with you and develop a strategy to get you back to a comfortable working environment. Whether your case requires negotiation, an EEOC complaint, or a federal lawsuit, we will be there every step of the way to help you fight back against your harassers. You don’t have to face it alone. Contact us today to schedule a free consultation.

Sexual Harassment of Teenagers at Work

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If you are a teenager facing sexual harassment by someone at work, you may not even know that what the person is doing is illegal. Teens and parents need to know what to look for, what to do, and who to talk to when sexual harassment happens at work.

In this blog post, I will explain how sexual harassment laws apply to teenagers at work. I will review the recent settlement, EEOC v. Hillcrest Marshall Inc. d/b/a/ Dunkin’ Donuts, and will explain how teens can fight back against sexual harassment in their jobs.

Sexual Harassment Isn’t Just Teasing – It’s Illegal

When teens enter the workforce, they often don’t know what is normal behavior for supervisors, coworkers, or even customers. When a job early in a person’s working life turns hostile, he or she may not even recognize that the behavior is a problem. Parents of employed teenagers need to make their kids’ safety a priority. Before your high schooler takes an after-school job, make sure they know that sexual harassment isn’t okay. It’s illegal.

The Equal Employment Opportunity Commission (EEOC) is a federal agency in charge of enforcing civil rights laws that make sexual harassment illegal. Sexual harassment can include sexual jokes, unwanted physical contact, or sexual imagery that happens at work. The harasser can be anyone you interact with on the job – your boss, your coworker, and even a customer.

Not every passing joke will be enough to call a sexual harassment attorney, though. In general, teasing, casual comments, or one-time incidents aren’t enough to be considered illegal under the federal law. When things get more serious, or happen more frequently, it’s time to get help from a lawyer. Also, if you say “no” to requests for sexual favors and it is held against you, that can be illegal too. The EEOC will look at whether an “adverse employment decision” has been made against you (like being fired or forced to work bad shifts), or if the pattern of behavior is bad enough to create a “hostile work environment.”

What Sexual Harassment Looks Like

Teens often have a hard time telling the difference between casual banter and sexual harassment. Here are some things you should watch for:

  • Requests to have sex including oral sex or any sexual touching
  • Unwanted physical contact (groping, spanking, pinching, or caressing)
  • Jokes about a person’s sexuality (or virginity) or sexual orientation (even if they are incorrect)
  • Requests that a person wear revealing clothing beyond the office dress code
  • “Compliments” about a person’s attractiveness

Dunkin’ Donuts Settles Sexual Harassment Lawsuit with Teenage Employees

It can be especially hard for parents to believe that these kinds of things still happen. But the EEOC investigates thousands of sexual discrimination and harassment claims every year. Many involve young workers, including teenagers.

In August 2016, the EEOC announced a settlement with Hillcrest Marshall Inc., the company that runs Dunkin’ Donuts, because a store manager sexually harassed teenage and young adult women working in his store. According to the EEOC complaint, the manager talked about his genitals, tried to kiss a 20 year old employee, and pressured her to have sex. She refused and as a result he hit her, swore at her, and yelled at her. When she reported his behavior to the police, she was fired in retaliation for resisting his sexual advances.

The EEOC and Hillcrest Marshall agreed to a settlement. Over the next 3 years, the courts will make sure Dunkin’ Donuts never hires that manager again. The company will also train all its store managers about sexual harassment and will create an anti-discrimination policy and complaint procedure so that concerns can be taken to a senior manager outside the store. The teenagers and young women who suffered the harassment will also receive $150,000.00 in damages.

What Teenagers Should Do If They Face Sexual Harassment

If you are a teen and you see sexual harassment happening to you or someone else at work, the first thing you should do is object. Remember, it only counts as sexual harassment if it is unwanted. So if you see something, say something. Tell your boss that you don’t want to make that kind of jokes anymore. And by all means, never feel like you need to say yes to sexual advances just to keep your job.

You should also tell your parents about it, even if you aren’t sure whether the behavior is serious enough to count as sexual harassment. Your mom or dad can help you gain perspective on what happened, decide your next steps, and figure out how to report the bad behavior at work.

Next, report it. Many workplaces have non-discrimination policies that protect you if you file a complaint. If the person doing the harassment is a superior, go above that person’s head and complain to his or her boss. Remember, sexual harassment isn’t just uncomfortable, it’s illegal, so reporting it is the right thing to do.

Retaliation is Real, and It’s Illegal Too

Sometimes, when a manager or supervisor learns that you reported sexual harassment, he or she will try to make your life harder. Your boss might change your hours, give you short notice of your shifts, cut your hours, or even fire you. Don’t worry. The same law that protects you against sexual harassment also makes retaliation for complaints illegal. If that happens, a lawyer may be able to help you get your job back and make sure you are treated with respect.

When Teens and Parents Should Hire a Sexual Harassment Attorney

If your employer refuses to make changes at the workplace, it’s time to get a lawyer involved. The sexual harassment attorneys at Eisenberg & Baum, LLP, will meet with you and your parents to discuss your options. Depending on what happened to you they might recommend talking to your employer (this is called negotiating), filing a complaint with the EEOC, or going directly to court. No matter which route you take, our legal team will be there with you until the case is closed. It starts with a free consultation. If you have been the victim of sexual harassment contact us online to schedule a meeting.