Employment Discrimination and Sexual Harassment

Employment Discrimination and Sexual Harassment: Phylliss Henry v. City of Des Moines

Iowa's first woman patrolman managed to overcome the multi-pronged, serious and continuing efforts to keep her off the force, despite the highest scores on civil service tests, a straight A college record in criminal justice and the height and weight necessary to meet the police department's discriminatory requirements. When the city attorney required the Police Chief to hire her, she had to survive training in which her male colleagues choked her into unconsciousness. She also was required to wear male uniforms and get a man's haircut. Everyday included the ever present sexual comments and innuendos. She prevailed, serving nine years as a street officer and becoming a Sergeant before resigning. No lawsuit was ever filed. All legal action was handled informally between the attorney for the city and the author.

Sexual Harassment: Debra Lynch v. City of Des Moines

A woman police officer faces outrageous comments about her body, her life and even her child. Case tried to a verdict to a judge in favor of Deborah, appealed twice by the City and won by us both times.

Sex Discrimination: Harassment/equal pay/pregnancy discrimination/constructive discharge: Linda Monohon v. Sullivan Payne Corporation

A vice-president and treaty broker is paid half what identically situated male employees are paid. She takes a brief maternity leave and returns to find her responsibilities diminished and an obsessive former lover as her immediate supervisor. He delights in making her work life miserable. When all her attempts to resolve these problems fail, she proffers her resignation, which is accepted. Case tried to jury verdict of $6.5 million. Settled for confidential amount on appeal.

Sexual Discrimination/Equal Pay/Retaliation: Linda Channon v. UPS

This high school graduate worked 23 years at UPS, starting as a part time loader and working her way up to Center Manager, earning nearly $100,000 per year in salary and benefits. Climbing that ladder required that she endure virtually every kind of sex discrimination and harassment. By sheer competence and because of the necessity of supporting her three children, she ignored some of the conduct, complained about the worst of it and overcame much prejudice by being the best at what she did. The beginning of the end came when a union steward got into a shouting match with one of the supervisors she managed. She was required to intervene and did so. The steward turned on her, forced her up against a dangerous piece of moving machinery, bumped his chest against hers and finally deliberately poked his finger into her breast. He was fired at Linda's insistence, but permitted to return to work 6 weeks later and stalked and terrorized her in the workplace. She was also targeted for retaliation by her male managers who thought her reaction to this sexual battery showed “weakness”. She was transferred from one job to another, constructively demoted and finally put into a position for which she had neither the training nor the experience. Even here, she would have succeeded except for deliberate sabotage from above and below. Finally, 3 years after the initial assault, her doctor ordered her to leave, diagnosing her with Post Traumatic Stress Disorder and numerous physical symptoms related to her stress. After a 4 week jury trial in Des Moines, Iowa, she was awarded approximately $600,000 in back and front pay, and compensatory damages and $80,220,000 in punitive damages. The judge reduced the award because of the cap on damages for sex discrimination to $600,000 and Linda appealed. The appeal is pending.

Sexual Harassment/Assault & Battery: Cunningham v. Lynch and Food, Inc

Kelly Cunningham started as a waitress with a group of restaurants owned by James P. Lynch, notorious for heavy drinking and violent behavior. She, however, got along well with him, though he often spoke to her and touched her inappropriately. Like other women who worked for Lynch, she tried to ignore him. She was promoted to a management position. She then became pregnant with the child of the man she ultimately married. Lynch's sexual behavior escalated including a drunken groping of her breasts in front of a restaurant full of people when she was seven months into her pregnancy. Because he was the owner, her efforts to keep him away from her failed and he stalked her throughout one of the restaurants a few nights later. She fled in terror. Case tried to a jury verdict of $355,000. Won on appeal. Now settled.

Sex and Race Discrimination & Harassment/Retaliation: Madison versus IBP, Inc

This young meat packing worker was called sexual names and told by co-workers to “fuck off bitch” and to “suck my dick” on a daily basis. Her breasts and buttocks were groped. One of her co-workers bent her over a tub and pretended to rape her. Another picked her up and carried her around. Because she was married to an African American and had two mixed race children she was called a “nigger lover” and one co-worker, the brother of her supervisor, tormented her regularly by calling her children monkeys and zebras and saying “I don't know why you aren't embarrassed to go to the grocery store with those fucking nigger kids.” Supervisors saw much of this conduct and either laughed or ignored it. She complained to her supervisors, to the Human Resource manager and even to the plant manager. She was told that if she ever wanted to be promoted, she would need to learn to put up with this kind of conduct. She was an extremely competent worker and applied repeatedly for promotion. On at least 23 separate occasions, she was passed over for less qualified white men. Much of the discrimination and harassment occurred after she filed a formal complaint with the Iowa Civil Rights Commission and the Federal Equal Employment Opportunity Commission. The case was tried to a jury in federal court for four weeks and resulted in a verdict of 2.4 million dollars, which was reduced by the cap on sex discrimination damages to approximately 1.7 million plus attorneys fees and costs. Defendant has appealed and we have cross-appealed.

Sex Discrimination/Harassment/Retaliation: Dana Peterson v. City of Urbandale

For 17 years, Dana did her job as a police officer, ignored as much of the sex discrimination and harassment as she could, wrote complaints about the most egregious conduct and managed to be such extraordinary law enforcement professional that she got promoted to sergeant, even though she was the one and only female on the force. She inspired another woman to apply and helped her get hired. Dana also became this woman's supervisor. This second woman officer, Angela Robinson was the force's only African American. The Chief treated Officer Robinson with disdain, but Dana was able to protect her for a time. The Chief finally ordered Sgt. Petersen to issue Officer Robinson a disciplinary action for violating the department's dress code. Officer Robinson had not violated the dress code so Dana refused. She was instantly targeted, her shift was changed, she was removed from a prestigious assignment and charged with insubordination. Even after this swift retribution, she continued to refuse to carry out the Chief's order which was based on race. The lawsuit was settled in formal mediation for $200,000, but Dana had to leave the police force.