Reporting an instance of on-the-job sexual harassment to your Human Resources (HR) department doesn’t always go the way you expect. Reporting to HR is the first step you should always take, but unfortunately, they may take steps to downplay or brush off what happened or delay looking into what happened in hopes of not having to take action against your claim. If you’re in situation like this, what are your options when HR ignores your sexual harassment claim? Let’s take a look at some other options you may have.
Published on Sep 19, 2019 at 11:36 am in Employment Law.
When you’re dealing with mistreatment at work, whether it’s from a coworker or supervisor, you may be unsure if you have the right to take legal action. Often times, there’s a difference between what a person thinks is harassment, versus what the legal definition says. In order to bring some clarity to the situation, we’ll be discussing common examples of workplace harassment.
We’ll look at the general types of harassment, physical, mental, authoritative, discriminatory, and retaliation, and break those down into real-world examples, so you’ll be able to identify harassment if or when it happens in your workplace. No matter what type of harassment you’re dealing with, it’s crucial that the liable party be held accountable for their actions. You have the right to feel safe and comfortable, no matter where you work.
To better understand how an employer or high profile individual could commit illegal crimes of abuse such as in situations involving forced labor and/or human trafficking, it’s important to note that these individuals have a skewed perception of reality. Harassing behavior of any kind is a way to establish dominance, maintain or gain power, and intimidate others. Common characteristics of the mentality in which a person may justify his or her abusive actions include:
Entitlement – the belief that one is inherently deserving of privileges or special treatment.
Narcissism – people with this personality disorder have a lack of empathy for other people and crave admiration. These people are frequently described as arrogant, self-centered, manipulative, and demanding. They may also have grandiose fantasies and may be convinced that they deserve special treatment.
Low to No Moral Principles – having little to no understanding or awareness of what is right and wrong. This is also considered lacking integrity or the honesty and truthfulness of one’s actions.
Displacement of Responsibility – unwillingness to see his or her own shortcomings and uses everything in his or her power to avoid being held accountable for them. This is also known as projection; a defense mechanism used to displace responsibility of one’s negative behavior and traits by attributing them to someone else.
Objectification – when one views others with whom they are in a working or personal relationship with as objects or possessions.
Over the past several months, national attention has turned towards Robert Kraft, owner of the New England Patriots, who was recently charged with two misdemeanor counts of soliciting prostitution after paying for and receiving sexual services from the Orchids of Asia Day Spa in Jupiter, Fla. Each count carries a maximum jail term of one year, along with 100-hours of community service and a $5,000 fine. At the time Robert Kraft was arrested, the Orchids of Asia Day Spa was under police surveillance in connection with a human trafficking and prostitution investigation that ultimately led to the uncovering of a prostitution operation within 10 Central and Southern Florida day spas in direct connection to China.
Kraft was due to appear in court on March 28 to accept or decline a proposed prosecution deal extended to him by the Palm Beach County Attorney’s Office. Acceptance of the deal could have led to the prosecution dropping criminal charges against Kraft, but required Kraft to admit that prosecutors have enough evidence against him to convict him if he went to trial. In this scenario, Kraft must have also agreed to a sexually transmitted diseases screening, completed an education course on prostitution, and completed 100-hours of community service. Kraft turned down the plea deal. Since then, video evidence including the on-site surveillance tapes and video evidence used to identify Kraft during the traffic stop has been thrown out of the case.
The #MeToo movement has increased our awareness of harassment and sexual misconduct in private and public spheres. As such, this social movement has given voices and credibility to survivors and has promoted an examination of the consequences offenders face.
There are a number of takeaways we can examine when it comes to the influence of the #MeToo movement. We’ll examine the ones that apply most to the workplace and employment law.
Published on Jan 31, 2019 at 12:31 pm in Employment Law.
McMath Woods partner, John Coulter, has joined a network of nearly 800 attorneys across the country who are partnering with the TIME’s UP Legal Defense Fund to provide legal assistance to women who experience sexual misconduct including assault, harassment, abuse and related retaliation in the workplace. The TIME’S UP Legal Defense Fund, housed by the National Women’s Law Center – a 501(c)(3) nonprofit organization, provides legal resources and financial support in select workplace sexual harassment and sexual harassment-related retaliation matters.
Melinda Allen of Fayetteville filed a lawsuit against Walmart Inc. in August 2017, alleging the company wrongfully fired her as a result of disability discrimination and retaliation. Our own McMath Woods attorney John Coulter is representing the plaintiff. The longtime ex-employee is seeking compensatory and punitive damages, as well as either reinstatement or lost-earning pay for the discrimination she was subjected to.
In 2012, the plaintiff was promoted to Director of ADA and Immigration Compliance. Her medical conditions required that she miss work once every two months to receive treatment. In response, she noticed her then-supervisor began scheduling meetings on her treatment days and making disparaging comments about her work performance in conjunction with her medical condition. She was also disciplined after taking an approved six-week medical leave.
MidCon Gathering LLC, represented by McMath Woods PA’s John D. Coulter and Preston T. Kamin of Gray Reed & McGraw LLP, received a defense verdict in a suit after Stephen Carleson and his company, Producers Credit Protection Group, Inc., alleged he developed a credit facility for the company but wasn’t paid $1.6 million he was owed. U.S. District Judge Brian S. Miller, of the U.S. District Court for the Eastern District of Arkansas, Western Division ruled that he didn’t have the necessary insurance license to carry out the deal.
It was ruled that the “credit facility” Carleson and his company, helped develop acted as a “credit insurance policy” issued by a third party for MidCon’s benefit. However, Carleson does not have a license to sell insurance in Arkansas. This resulted in a fatal problem.
Without the help of Carter Stein and his team, I wouldn't have reached a positive settlement with the insurance companies involved in my complaint. Carter is an outstanding listener and made himself available any time I contacted him. I very much appreciate Carter's great knowledge of the law and the support thought-out this process. Kudos to Carter Stein and the supporting staff at McMath Woods!
John Coulter is an honest, hard-working, ethical lawyer who represented my wife, Annette, in an employment case that was difficult and emotional. From day one, John communicated with us in a very practical manner and provided an honest assessment of our case. He promptly responded to our phone calls, texts, and emails. He made sure every detail of our case was addressed, and his guidance was always the result of thorough thought and research based on his knowledge and experience. He treated us as friends and not just clients. We are thrilled with the results, and whole-heartedly recommend him to anyone seeking a great lawyer, and team, who will represent them with professionalism and genuine care.
John Coulter is a consummate professional. He has a comprehensive command of the law, prides himself on ethical practices, and genuinely cares about the rights and needs of his clients. Marilyn was a joy and pleasure to work with, as well. Her strong business acumen was evident in our every interaction. It is obvious that McMath Woods is thoroughly committed to delivering superior results for its clients.
John Coulter was highly recommended to me by someone I deeply respect and I couldn’t have asked for anyone better! His understanding and depth of knowledge regarding my situation, based on his many years of experience, served as the foundation by which he guided me through sensitive negotiations resulting in a positive outcome. He was always quick to respond to my emails, calls and texts. He treated me as a person, not just another case, He demonstrated sincere compassion towards me and spoke honestly regarding realistic expectations. Not only do I appreciate his professionalism and integrity, I also appreciate the fact that I didn’t feel taken advantage of in regards to fees for his service. I genuinely give John Coulter and the McMath Woods Law Firm my highest recommendation.
The attorneys at McMath Woods P.A. are exceptional in their service. I highly recommend anyone hiring them because they are professional, knowledgable, personable, and reliable. I would hire them, without reservation, if I needed legal counsel again.
John Coulter at McMath Woods Law Firm was great to work with and he did an excellent job representing me at a fair price. He was always prompt when responding to my requests and got my case wrapped up quickly. I highly recommend John from my personal experience as well as he has been rated “The Best Lawyer” in Arkansas.
Best experience I could have ever imagined to have with a law firm! Carter Stein was very informative, compassionate, professional, and there for me through what was the worst time in my life. He made me feel like my case was very personal to him, and never made me feel like I couldn't ask any questions! This group will make sure you know it is not just another case to them. If I am ever in need of this type of service again I will be back with this law firm! Absolutely, no doubt 5 star service!!
I have had the unfortunate experience of having to lawyer up 3 times in 3 years. None were my fault. Carter was recommended by a lawyer friend and it has been a very positive experience from that aspect. Very professional and caring experience. Thank you, I couldn't have done it without you.
Charles Harrison represented my interests in a Personal Injury claim. His professionalism, legal knowledge, and years of experience were crucial to the successful resolution of my claim. He was compassionate and worked diligently to protect me and the interests of my family after a serious accident. He saw the case through to the end and maximized my settlement. In simple terms.... this guy is the Real Deal, legal work done the way it should be. He has my highest possible recommendation.Thanks again Charles.
Charles Harrison represented my interests in a Personal Injury claim. His professionalism, legal knowledge, and years of experience were crucial to the successful resolution of my claim. He was compassionate and worked diligently to protect me and the interests of my family after a serious accident. He saw the case through to the end and maximized my settlement. In simple terms.... this guy is the Real Deal, legal work done the way it should be. He has my highest possible recommendation.Thanks again Charles.
I chose Charles Harrison of McMath Woods P.A. to represent me in my personal injury case. He worked hard to handle my case and did a fantastic job explaining the process every step of the way. It’s important to feel like the person representing you has your best interest as their top priority, and Charles definitely made me feel that way. I would highly recommend Charles Harrison to anyone in need of legal representation for a personal injury case. Thank you, Charles.
Sandy Edlemon at ReManCo liked the experience working with John and Marilyn. They were very understanding and did the best job I could have asked of them. I feel like I had a wonderful team and more I feel like I have made new friends with these people. Thanks guys for all the hard work!!!!!!
My attorney was John Coulter. He did a perfect job handling my case and he always had my best interest in mind. He kept me informed and always steered me in the right direction. I can’t imagine using any other attorney in the future.
I am giving Attorney John Coulter 5 stars because he is very much worth every one of them. I was extremely happy with him and the services he provided to me for my unemployment appeal. He was extremely knowledgeable, honest, caring, kind, and considerate. He was in constant contact with me about my case. I couldn't have asked for a better attorney to assist me with my case. Thank you so much John! :-)
Carter has handled 2 unfortunate cases for me and did so wonderfully both times! Very professional, patient and kind. Answered any and all of my many questions. I trusted him the first time and def the second. I know my case wasn’t handled thoroughly. I hope I never need him again but if I do I will be back to see him.
Will and Neil were so awesome to work with. They made us laugh in sometimes very uncomfortable situations, and we really felt like they did their absolute best to fight for our case. We were very pleased with the outcome and would recommend this firm to anyone looking for legal counsel. Top Notch!
Attorney Stein and his team were absolutely fantastic!! They received my case after my original attorneys had to release it. Attorney Stine and Ms Whitney are thorough, compassionate, honest, and truly have the best interest of the Client at heart. If I am ever in need of legal representation again in the future I will not hesitate to retain the McMath Woods Law Firm!!