In the past, this blog has questioned why sexual harassment is not a criminal offense in the United States as it is in France.
Now the U.S. Equal Opportunity Commission (EEOC) has filed a second complaint against a business owner who is characterized as a “serial” sexual harasser because he paid $780,000 to five women in 2003 to settle a sexual harassment complaint.
The EEOC alleges that Fred Fuller Oil Company, a Hudson, N.H.-based oil company, violated federal law when owner Fred Fuller sexually harassed two women, caused the constructive discharge of one, and fired the other.
Fuller allegedly forced Nichole Wilkins to quit in July 2011 after he sexually assaulted her by grabbing and squeezing both her breasts from behind while pinning her against her desk. The EEOC says this assault was the culmination of a growing number of unwanted and inappropriate sexual comments and incidents of touching by Fuller.
Fuller then allegedly created a sexually hostile work environment for Wilkin’s friend and co-worker, Beverly Mulcahey. Shortly after Wilkins notified Fuller in October 2011 that she intended to file an EEOC charge of discrimination, Fuller fired Mulcahey for poor performance.
The EEOC sued Fred Fuller Oil Company in 2003 and settled that case in July 2005, winning $780,000 in relief for five women. As part of the settlement, the company agreed to undergo training aimed at conforming to Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment.
Markus L. Penzel, trial attorney in the EEOC’s Boston Area Office, said in a press release last month, “The Commission characterized Fred Fuller as a ‘serial sexual harasser’ in its first lawsuit. Unfortunately, that still seems to be true.”
With sincere respect to Mr. Penzel, it is more than unfortunate that additional women were allegedly targeted by Fuller. If the EEOC’s complaint is true, these women not only suffered emotional distress but were hounded out of their jobs, resulting in a loss of their financial well-being.
The women who worked for Fred Fuller Oil Co. probably have little in common with Sherly Sanburg, the billionaire Harvard University graduate and chief financial officer of Google. She implies in a recent bestselling book that women are partly responsible for their own lack of equality in the workplace.
The reality is that victims of sexual harassment often are single mothers living paycheck-to-paycheck, with few other employment options, and college students who are trying to earn money to pay their tuition. These women are vulnerable, often not believed, sometimes blamed, almost always powerless and utterly disposable.
There’s been a lot of discussion about sexual harassment in the military as a result of publicity surrounding alleged improper sexual conduct of military officers who are responsible for protecting women from sexual harassment. Surveys show that a third of American women report experiencing sexual harassment in the workplace.
Employers have done far too little to halt sexual harassment and the EEOC lacks the resources to effectively address this problem.
It appears that Fred Fuller was not deterred by a monetary fine. He also did not appear to benefit from education about what constitutes improper sexual conduct in the workplace or training on how to comply with Title VII of the Civil Rights Act. What might have deterred Mr. Fuller?
France’s General Assembly enacted a new sexual harassment law on July 31, 2012 that includes criminal penalties of up to three years in prison.
New articles in the French Labor Code and the Penal Code state:
“Harassment is the fact of imposing on a person, in a repetitive fashion, statement or behavior of a sexual connation which violate a person’s dignity by virtue of their degrading or humiliating character or create as concerns such person an intimidating, hostile or offensive situation.”
Under the French law, it is considered an “aggravating circumstance” if a perpetrator of workplace sexual harassment is abusing his or her authority.
If Fred Fuller had snatched the purse of his first victim, he would have been lucky to get just a warning. If he had continued this behavior, he would have spent time in jail. That’s because stealing a purse is a crime.
Shouldn’t it be a crime to steal someone’s peace of mind and financial livelihood?