In Time for Halloween, a Very Scary Sex Harassment Case

By Julie A. Uebler, Esq. 

In what world does the Chief Operating Officer (COO) of a construction company decide that he can take the following actions without consequence: 

• Present the company’s office manager with a “Dominant/Submissive Contract”
• Suggest she go home and put something “sexy” on, pour a glass of wine, and read the contract
• Report back to him the next day referring to him as “Master, Sir, or Daddy”

Also, in what world does that COO think he can fire the same office manager when she refuses to acknowledge this “sex slave” contract? The world we have built, apparently. In September, the Equal Employment Opportunity Commission (EEOC) announced the settlement of its complaint against the construction company in question - Gator Strong, LLC and its successor - based on this alleged conduct by its COO. 

The consent decree – a legally binding settlement agreement – that was entered to resolve the case will require Gator Strong to do all the things it should have done in the first place to comply with the law and to prevent its workforce from being affected by such brazen sex-based harassment, including: 

1. Communicate and implement a non-discrimination policy
2. Establish a procedure for when an employee wishes to report a complaint
3. Establish a procedure for investigating any such complaint
4. Conduct training of its workforce
5. Make a payment to the victim in the amount of $25,000

Although this matter seems to have been resolved through a mutual agreement among the parties - including the government agency tasked with enforcing our federal anti-discrimination laws – I find both the case and its conclusion scary for many reasons. 

First, the EEOC’s own behavior in this case was scary. 

The docket for this case shows that the EEOC, acting as the federal agency entrusted to enforce the victim’s right to work in an environment free from sex-based harassment, named the victim in the complaint and other pleadings, but elected not to identify the COO accused of the blatant misconduct. 

The choices made by the COO’s employer, Gator Strong, are also scary.

Since the EEOC issued notice to Gator Strong that it found reasonable cause to believe it violated the law and attempted to resolve the matter prior to filing suit, Gator Strong made the choice to force the EEOC to file the public lawsuit, which resulted in the dissemination of these indefensible allegations, which is likely to hurt their business prospects. Were the owners of Gator Strong buddies with the COO? 

The fact that no one else at Gator Strong confronted the alleged harassment is scary. 

According to the Complaint, the COO’s misconduct was open and obvious to both managers and employees at Gator Strong. The Cornell 7 case has renewed the conversation about the duties of bystanders, and this is another situation in which the sex-harassment and related firing could have been stopped by people who were willing to speak out. 

In addition, based on these alleged facts, it seems realistic to think that a reasonable jury would not only have been appalled by the COO’s misbehavior, but would have imposed more significant damages on Gator Strong to hold it accountable than the $25,000 awarded to the victim through the EEOC’s Consent Decree. 

This is not the kind of “scary” I was hoping for on Halloween. Maybe by next year, we will see some accountability for what haunts us. 

Uebler Law LLC is dedicated to pursuing justice by holding employers accountable for their abuse of power, including willful violations of this country’s civil rights laws. The firm’s attorneys also provide advice and negotiation services to individuals in Pennsylvania seeking to protect their rights or maximize their employment opportunities in the workplace. 

If you believe you have faced mistreatment at work and are considering your next steps, the experienced employment law attorneys at Uebler Law LLC to discuss their own legal options. Contact the law firm at ueblerlaw.com/contact-us.

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