When the Employer is the Bully
July 25, 2012 2 Comments
One of the most difficult workplace bullying scenarios occurs when the employer is the bully.
Who do you complain to?
Three former employees of a Baltimore medical practice who were subjected to sexual harassment by two of the company’s highest ranking officials complained to the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC announced Tuesday that a federal jury has awarded $350,000 in damages to the women.
The EEOC filed the lawsuit on behalf of the women against Endoscopic Microsurgery Associate’s Chief Executive Officer, Dr. Mark D. Noar, M.D., and its Chief Financial Officer Martin Virga.
According to the EEOC, Linda Luz, a receptionist, was repeatedly subjected to unwanted sexual advances and a sexually hostile work environment by Noar and Virga. After Luz rejected their advances, the medical practice began retaliating against her by issuing unwarranted discipline, rescinding approved leave, and eventually firing her.
Administrator Jacqueline Huskins also experienced unwanted sexual advances from Noar and Virga, as did nurse Kimberly Hutchinson from Noar.
The Baltimore jury of nine returned a unanimous verdict for the plaintiffs and awarded each woman punitive damages of $110,000. The jury also held the claimants were entitled to compensatory damages in amounts ranging from $4,000 to $10,000.
Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.
It says something about this employer that it failed to negotiate a settlement in this case when it had the opportunity to do so. The EEOC filed suit after attempting unsuccessfully to reach a pre-litigation settlement through its conciliation process. Publicity from this fiasco is not likely to encourage new patients to flock to the clinic, nor is it likely to encourage confidence in these medical professionals from existing patients. Duh.
“This verdict is significant because it reminds high-level officials who function as the employer that their high level does not give them license to abuse women – they must treat employees as professionals,” said Debra Lawrence, regional attorney of the EEOC’s Philadelphia District Office.
About pgbarnes
I have gone through EEOC and Florida Commission on Human Rights and received a determination of ‘no cause’ of discrimination!! I’ve been fighting this since May 2012 and now want to know if anyone can tell me who is the highest court here to get some results?? I have now moved to Massachusetts from Florida from a deep state of depression from the bullying, harassing and humiliating actions toward me by my boss in Human Resources. Help, I’m not giving up on this and need some information…..Thank you.
Read the documents provided to you by the EEOC regarding your rights. Deadlines are critical. Once you receive a Notice-of-Right-to- Sue, you must file your lawsuit within 90 days. If you do not receive a notice, you can file anytime after 60 days have passed from the day you filed your charge (but no later than 90 days after you receive notice that our investigation is concluded).