Madia Law settled a shocking case of sexual harassment and workplace intimidation that eventually led to the Plaintiff developing Post Traumatic Stress Disorder.
A female employee, “Mary”, was sexually harassed and intimidated by her male supervisor. Despite repeated attempts by Mary and others to report the supervisor’s behavior, he remained employed for nearly two years because a department manager repeatedly refused to take any action. The supervisor’s constant harassment and terrorizing of Mary had a devastating effect on her life.
On Mary’s behalf, Madia Law sued the employer approximately one year ago, charging violations of the Minnesota Human Rights Act and common law infliction of emotional distress. The suit has now settled for $125,000. A summary of the events leading to the case follows: [click to continue…]
It’s a tactic long used by defendants in both civil and criminal cases. From charges of rape to sexual harassment, men take the stand and point the finger at their female victims. Claiming that they “asked for it,” or that they “wanted it,” such men have often found sympathetic audiences in judges and juries.
In three recent and sensational examples (one in Iowa, one in Minnesota, and one in Arizona), Defendants’ attempts to use the “blame her defense” have yielded strikingly different results. While the cases are very different, both legally and factually, they serve as fascinating examples of a kind of defense that, despite such protections as Title VII and the Minnesota Human Rights Act, female victims must continue to grapple with.
Madia Law, representing a woman who worked at a Twin Cities technology company, has initiated a sex discrimination lawsuit against the company pursuant to the Minnesota Human Rights Act. Just prior to the Plaintiff’s hire, the company (which has been in business for decades) employed dozens of men and not a single woman.
In Fall 2012, the Plaintiff commenced employment as a department manager. Around the same time, the Defendant hired two other women. During her interview, a senior-level executive told the Plaintiff that although he was willing to hire her, the company had bad past experiences with women and “doesn’t like to hire” them. Shortly after starting, the Plaintiff was told that she would have to “prove” herself by, “doing better than any man” if she wanted to keep her job; she was also repeatedly told that she was, “at a disadvantage” because she was a woman. [click to continue…]
In November 2012, Madia Law sued a Twin Cities accounting firm on behalf of a learning disabled accountant. The young accountant, who has suffered from Attention Deficit Hyperactivity Disorder (“ADHD”) since he was a child, disclosed his disability to his supervisor at the time of his first performance evaluation.
Despite being fully capable of being successful at the job, the young man wanted to be sure his supervisor knew that he thinks, learns, and works in a different way than others, particularly since he noticed a few comments on his evaluation that seemed to signal a concern with the way he processed information and executed tasks. The accountant felt that it would help everyone involved to be aware of his slight disability. But, soon after disclosing his disability and requesting slight accommodation, he was fired. [click to continue…]
Prior to Tuesday, six states (New York, Massachusetts, Vermont, New Hampshire, Connecticut, Iowa) and the District of Columbia had full marriage equality.
As a result of Tuesday’s historic election, three additional states will now have marriage equality as well. Those states are Maine, Maryland, and Washington. (Technically, at the time of this post, Washington’s results are still coming in, but its referendum on the matter looks almost certain to pass.)
Another result of the election is that Minnesota defeated a hurtful and divisive amendment that would’ve constitutionally banned marriage equality. Since last night’s election also gave the DFL control of the Minnesota legislature, and since Governor Dayton is pro-marriage equality, it is almost certain that, despite initial words to the contrary, Minnesota is now on the fast-track to also establishing marriage equality.
The real question is whether Minnesota’s democratically-elected government will beat the United States Supreme Court to the punch. [click to continue…]
A San Diego hospital and doctor have been sued by an 18-year-old intern who alleges sexual harassment, sexual battery and assault, hostile work environment, and negligence. The plaintiff, who was only 17 at the time he began an internship at San Diego Memorial Hospital, alleges that cardiologist David Hicks sexually harassed and assaulted him and that the hospital failed to adequate address a pattern of sexual harassment at the hospital.
In Minnesota, hospitals and clinics that receive complaints of sexual harassment by doctors (either from employees or patients) have many reasons to err on the side of caution when deciding whether or not to discipline such doctors. In addition to employment law claims, hospitals may be subject to a tort action for negligent retention of the doctor if the same alleged harasser goes on to sexually harass and/or assault another employee or patient. Further, there are significant protections under Minnesota law for healthcare employers who take such preventative actions as to remove the doctor’s employment and/or privileges to practice. [click to continue…]
Quick post here: The Minnesotans United for All Families Campaign put out a great video today featuring former Governor Ventura and his wife, Terry, speaking about the amendment on the ballot this November that seeks to prohibit gay and lesbian partners from marrying. Ventura points out that one of the issues at stake — in addition to equality — is whether government should have the power to restrict individual liberty in this manner.
After a two week trial, a Carver County jury awarded Madia law client Dr. Sam Deweese nearly $1.3M in damages from his former clinic.
Dr. Deweese worked as a family practice physician for nearly twenty years at his clinic and earned high praise from his patients. He devoted his entire working life to the institution, committed himself to a high standard of excellence in his profession, and committed a large capital contribution in order to secure his partnership. Dr. Deweese alleged that his clinic’s relationship with him changed after he was diagnosed with bipolar disorder in summer 2007.
In Brown v. Board (U.S. 1954), the United States Supreme Court ordered that public schools across the nation integrate, supposedly putting an end to the segregation of schools on the basis of race. Yet, Minnesota spent the better part of the next thirty years attempting to achieve that end.
Despite being fully capable of being successful at the job, the young man wanted to be sure his supervisor knew that he thinks, learns, and works in a different way than others, particularly since he noticed a few comments on his evaluation that seemed to signal a concern with the way he processed information and executed tasks. The accountant felt that it would help everyone involved to be aware of his slight disability. But, soon after disclosing his disability and requesting slight accommodation, he was fired. 
