Fighting for Justice in the Face of Workplace Sexual Harassment
We represented “Katherine,” “Jessica,” “Mara,” and “Peter,” four coworkers who were wrongfully terminated under the Minnesota Whistleblower Act. The case settled shortly before trial for $1.95 million.
All four plaintiffs worked in the Community-Based Services division at the Department of Human Services. The plaintiffs provided direct care for clients through transportation, counseling, and other support services. One client in particular would constantly make them uncomfortable by initiating sexual conversations which eventually started escalating to sexual harassment. Despite their protests, the department failed to address the client’s unlawful conduct.
Katherine, a Behavior Modification Assistant, was continuously facing sexual harassment from the client. Katherine starts to document the client’s behavior to report to her manager. Katherine’s colleague, Jessica, was a well-performing employee with a longer tenure at the agency. Jessica also reports the harassment from the client to her supervisor and documents his misconduct. However, management instructs both employees to ignore their obligations as mandatory reporters. Dismissal of the employee’s concerns follows, without any further action taken.
For a legal consultation, call 612-349-2729
Reports to Management Result in Retaliation
Management dismisses Katherine’s documentation, and instructs Katherine to continue the care plan for the client without interruption. The employees make multiple reports of the client’s threatening sexual conduct. At this point, Katherine starts to request removal from overnight shifts with the client. Management claims her request is ‘unreasonable’. Shortly after making this request, Katherine is terminated. Katherine’s manager was fed up that she was reporting the client’s sexual harassment instead of just “letting it go.”
Recently promoted Mara also alerts her manager about the client’s conduct, alongside a violation of state policy she identified. Peter has threats of violence made against him by the client, after which he immediately informs his manager. Subsequently, Jessica, Mara, and Peter are all accused of sexual assault by the client after repeatedly reporting the client’s unlawful conduct to their managers. Management separates them and demotes Mara for her complaints. Despite this, management instructs all three to keep track of the client’s ongoing care through their management software. Shortly after, they are all terminated for violating policy by accessing software from their previous sites after reassignment—a tool they were told to use to ensure the client’s well-being.
Madia Law’s Minnesota Employment Lawyers Called to Action
When they approached us, we filed a claim against the Department of Human Services under the Minnesota Whistleblower Act. The act prohibits employers from retaliating against employees who make good-faith reports of illegal activity. The Minnesota Human Rights Act also prohibits retaliation against employees who make good-faith reports of workplace sexual harassment.
We ultimately settled this case before trial for $1.95 million. It was an honor to stand by Katherine, Jessica, Mara, and Peter. These individuals continued to speak up against wrongdoing when many would have stayed silent.
Call 612-349-2729 or complete a Case Evaluation form
