When a male supervisor harasses a female employee, it’s obvious that you must take the matter seriously or face the likelihood of expensive damages if you’re sued. But many harassment claims don’t follow this typical pattern.In one recent lawsuit, an employee charged he was harassed because of his disability. And in another, a male worker claimed his male supervisor had been sexually harassing him for years. These two cases show just how dangerous any kind of harassment allegation can be if management doesn’t respond properly.
Harassment While On Duty
The problems that led to the first suit started after Los Angeles police officer Joseph Catanzaro suffered disfiguring injuries on the job when a car hit his motorcycle. After recovering, he was transferred to a light-duty position with the Ontario Airport Narcotics Task Force. At the new job, co-workers allegedly questioned both Catanzaro’s light-duty assignment and his ability to do the job. They reportedly called him “Quasimodo” after the Hunch-back of Notre Dame, refused to work with him, claimed Catanzaro was using drugs, demanded he be reassigned, and began surreptitious surveillance of him.Catanzaro said task force members trashed his desk, soaked his orthopedic chair with water, stole his business cards and stamped hunch-back caricatures on his desk blotter.He also claimed his supervisors failed to stop the harassment after it was brought to their attention and that their inaction encouraged the illegal behavior. Plus he charged the supervisors tried to remove him from his job.
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Jury Awards $3.5 Million
Catanzaro eventually took a psychiatric leave of absence and then sued. The task force countered that its policies prohibited permanent light-duty assignments and that it had legitimately questioned Catanzaro’s ability to do the job. But a jury awarded him a whopping $3.5 million in damages.
Peeping Boss
In the second case, Oakland park ranger Stephen Kelly alleged that his supervisor, Kent McNab, sexually harassed him. Kelly claimed McNab regularly watched him change into his uniform, insisted on taking breaks and meals with him, contrived reasons for them to work together, called Kelly at home despite requests that he stop and showed up at Kelly’s residence uninvited. After receiving “exceptional” performance ratings, Kelly contended that he received a “standard” review and that McNab suggested his rating would improve if he were more responsive to McNab’s overtures.
No Action Taken
Kelly complained to several supervisors about McNab, and other employees reported McNab’s habit of staring at Kelly. But his employer did nothing to address his complaint. Kelly eventually resigned, citing “increasingly difficult and hostile working conditions.” Kelly filed suit against the city of Oakland and McNab for sexual harassment and constructive discharge. A jury ordered Oakland to pay Kelly $380,000 in damages plus attorneys’ fees. McNab was ordered to fork over another $35,000 in punitive damages.Oakland appealed the case to the federal Ninth Circuit Court of Appeal, which covers California. Although the city may have known about the hostile work environment, it claimed it wasn’t informed about McNab’s suggestion that Kelly’s performance review could be improved if he agreed to sexual favors. But the court found McNab’s behavior was so egregious that both he and the city should be held liable.
Preventive Measures
In light of these cases, it’s crucial that training programs cover all types of harassment – including disability, race, religion, national origin and sexual orientation. And give employees contact information for a high-level person who is outside their department and is trained to handle the whole range of possible harassment issues.