The scenario: A male supervisor created a cultlike following among employees based on the shared goal of satisfying the man’s sexual desires.
It was common for women to be randomly kissed and groped by the supervisor. And most female employees were under considerable pressure to have sex with the man.
And the women who engaged in sex with him were usually asked to procure more sexual partners for him.
The supervisor occasionally organized sexually themed parties at his house. He also hosted hot tub retreats where illegal drugs were used.Things became so bad for the women that many of them refused to be in the same room with the male supervisor.
The supervisor’s following was described by workers as a “cultlike, cool boys, cutthroat, insider” culture.
After several female staffers complained about the man’s behavior, the employer launched an investigation but found no evidence of wrongdoing. Worse, the man was promoted while the investigation was still going on.
Then the women who’d complained about the supervisor were retaliated against. The employer searched their emails and phone records without their knowledge. They were excluded from meetings, given heavy workloads and shunned by their colleagues.
Legal challenge: A group of staffers sued the employer for a hostile work environment based on sex. The employer said its investigation uncovered no problems.
The ruling: The employer lost. Faced with dim prospects in court, it paid a $9.4 million settlement.
The skinny: Don’t underestimate the importance of an effective investigation of harassment allegations. As this case shows, a slipshod investigation can cost quite a bit in the long run.
Cite: Aslin v. University of Rochester, U.S. District Court, W.D. New York, No. 6:17-cv-06847-LGV-LGF (settlement).
(From the May 29, 2020, issue of HR Manager’s Legal Alert for Supervisors. To download the rest of the issue for free, please click here.)