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.
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…]
As published in the Harvard Law & Policy Review, Kevin M. Clermont & Stewart J. Schwab observed that from 1979-2006, plaintiffs bringing employment law matters (discrimination, wrongful termination, etc) in federal court won only 15% of the time. When paired with the observation that plaintiffs in non job-related matters won 51% of the time, that 15% figure is stunning. Questions as to why there is such an imbalance in employment law compared to other areas of law have been the focus of many journalists, lawyers and academics. But for attorneys who represent plaintiffs in employment discrimination cases, there is one key factor worth focusing on: properly preparing a case to survive motions for dismissal, particularly summary judgement motions.
In Bradwell v. Illinois, (U.S. 1873), the Supreme Court declared that allowing a woman to practice law would surely destroy her femininity. According to the 8-1 decision, law is a man’s profession and women simply aren’t well-suited for such rigor. While that may seem archaic, it wouldn’t be until 1971 that the Court invalidated such discrimination by government against women. Reed v. Reed, (U.S. 1971). And while the Civil Rights Act of 1964 and various other laws have sought to end such discrimination, today’s United States women make only 78 cents for each dollar made by their male counterparts.
Madia Law represented “Jennifer” (name changed for confidentiality reasons), a young woman who was sexually harassed by her supervisor of a period of months. Jennifer’s supervisor:
repeatedly bragged to her about his sexual endurance;
made vulgar comments about her physical appearance;
turned innocent conversations into sexual innuendo;
told Jennifer that she should leave her fiancee to be with him;
told Jennifer to perform lap dances for him as he waived $20 bills at her;
repeatedly invaded Jennifer’s personal space;
insisted that Jennifer view pornography that he kept on his palm pilot phone; and
suggested that Jennifer wear a thong to work.
Even though this supervisor had engaged in sexual harassment at previous jobs, he was still hired. When Jennifer complained about the sexual harassment, she was terminated.
Congress passed the LLFPA to reverse the Supreme Court’s 2007 holding in Ledbetter v. Goodyear Tire and Rubber Co., Inc. In that case, Justice Alito led a 5-4 majority in concluding that Ledbetter could not sue Goodyear under Title VII of the Civil Rights Act of 1964 for gender based pay discrimination that she had experienced for almost twenty years because she did not file her charge within six months of the original decision (made decades earlier) to pay her less than her male counterparts.
I am excited to inform you that I am starting a new business venture, Madia Law LLC – a dynamic and aggressive law firm that will serve Minnesota individuals and small businesses.
