Category: Sexual Harassment

It is a common practice for individual states to pattern their own laws governing sexual harassment and other discrimination issues on existing federal laws. The sexual harassment laws in Tennessee give victims of sexual harassment protections based the state Courts’ interpretation of Tennessee’s Human Rights Act (THRA), which reflects aspects of Title VII of the 1964 Civil Rights Act.

THRA and sexual harassment laws in Tennessee

The Tennessee Human Rights Act forbids discriminatory practices including sexual harassment. Under the THRA, an employer has engaged in a discriminatory practice if it fails or refuses to hire or discharge any individual or otherwise discriminates against a person with respect to:

• Compensation
• Terms
• Conditions or privileges of employment due to the individual’s
  • Creed
  • Race
  • Color
  • Religion
  • Sex
  • Age
  • National origin

The Tennessee Human Rights Commission has incorporated federal law that defines sexual harassment. In Tennessee, sexual harassment includes any requests for sexual favors, unwelcome sexual advances, or other physical or verbal conduct of a sexual nature when:

• The conduct has the effect or purpose of causing unreasonable interference with the employee’s work performance or creating an offensive, intimidating, or hostile working environment,
• Submission to or rejection of the conduct is used as a factor in an employment decision, or
• Submission to the conduct is made a condition or term of employment.

It is also important to understand that sexual harassment can consists of sending explicit texts or emails to another employee, making sexual comments toward or about another employee, or relating inappropriate jokes of a sexual nature within the workplace.

Unwanted touching within the workplace is also another form of sexual harassment, regardless of how innocent the touching may seem.

Two major sexual harassment claims under Tennessee law

Under Tennessee law, two types of sexual harassment claims are generally recognized.

The first is referred to as a “quid pro quo” claim that occurs when an employee is the object of unsolicited sexual harassment which may involve sexual advances or requests for sexual favors in exchange for a promise to provide certain job benefits (including keeping the present job).

The second is referred to as a hostile work environment claim. This case involves a scenario in which:

• An employee is subjected to unsolicited sexual harassment
• The harassment effected a condition, term, or privilege of employment
• The employer knew or should have reasonably known of the harassing activity and failed to respond with quick and proper corrective action

Many of these claims are difficult to confront due to the fact that the subject matter often involves the exposure of harmful and embarrassing conduct of another coworker, manager, supervisor, or even the president or CEO of the company. These matters are best handled by you and your attorney working with others involved in a confidential and discreet manner to ensure your rights are protected throughout the process.

If you have suffered sexual harassment in the workplace, our sexual harassment attorneys at the Gilbert Firm in Tennessee are here to fight for your rights. We can help you obtain justice and receive the compensation you deserve for your injuries. To arrange a consultation about your case, give Jonathan Bobbitt a call today at 888.996.9731 or fill out our contact form. We offer legal representation from our offices located in Chattanooga, Nashville, Memphis, Knoxville, and Jackson.

 

 

 

You know, while those are the most types of sexual harassment industries, sexual harassment happens all the way to the top – on Mahogany Row, if you will, and to companies. I have represented CEO’s, high-level vice president executives who are being harassed, and it does not just apply to waitresses, bartenders, and sales executives.

The Gilbert Firm represents workers throughout Tennessee who have been harassed. To schedule a consultation time with Jonathan Bobbitt, or to speak with a Tennessee employment lawyer in Nashville, Chattanooga, Memphis, Jackson or Knoxville, please call 888.996.9731, or fill out our contact form.

With recent allegations against such notable celebrity chefs as Ken Friedman and Mario Batali, it is clear that the restaurant industry is not immune from accusations and incidents of sexual harassment. A recent report by The Washington Post discusses the risk of sexual harm that women face within the restaurant industry. From five-star resorts to national chains, the male-dominated culture of this industry can create an environment that is harmful to female workers.

Celebrity chefs facing allegations of sexual harassment

Chef Mario Batali is a renowned restaurant owner and media personality. Current allegations against him reportedly include accusations that he initiated unwelcome physical contact, including groping female employees. Four women have come forward with their accounts of alleged sexual harassment by Batali. As a result, he was removed from his position as a television show co-host. He has also stepped away from operating any of his 26 international restaurants.

Only a week prior to these reports, New York City restauranteur Ken Friedman was accused of such disturbing acts of sexual harassment as groping and demanding sexual favors from employees. Of the ten women who have come forward, some allege that they were forced to work at parties where public sex and nudity were common occurrences. Friedman has reportedly taken a leave of absence from the management and operation of his numerous restaurants.

These highly publicized events have received national news coverage, but represent daily occurrences within the restaurant industry. According to the National Women’s Law Center, the hospitality industry accounted for more EEOC sexual harassment complaints than any other reported industry. Yet these reports still do not adequately represent the prevalence of this problem. Many workers, both male and female, choose not to report unwanted touching because these incidents happen so frequently.

Why sexual harassment is prevalent within the restaurant industry

Workplace sexual harassment includes any unwelcome sexual conduct that creates an uncomfortable, hostile, or offensive working environment. Although the terms are less used today, historically sexual harassment has been categorized in two forms:

• Quid pro quo. This involves the harasser demanding sexual favors in exchange for promotions or raises. Or, it may involve a threat of termination unless sexual favors are given.
• Hostile work environment. This involves repeated harassment which may, or may not be, tied to a job benefit. It can involve repeated verbal harassment in the workplace, or inappropriate touching.

While quid pro quo harassment exists within restaurants, more often it seems hostile work environment complaints are reported. Some female employees are routinely expected to endure inappropriate words and actions from patrons, supervisors and co-workers. As reported in the Washington Post article, these incidents are occurring in restaurant kitchens and storage rooms across the country. It is a male-dominated industry, where sexual harassment has become common and, unfortunately, widely accepted.

The high consumption of alcohol within the restaurant industry also fuels this significant problem. Not only are patrons drinking, but in many establishments, managers are encouraged to have a drink with high paying customers. The consumption of alcohol is also reportedly very common among wait staff and other employees within the restaurant industry.

If you were sexually harassed as an employee of the restaurant industry, consider speaking to our attorneys. The professional Tennessee sexual harassment attorneys of the Gilbert Firm fight for the rights of individuals impacted by sexual harassment. We have offices conveniently located in Nashville, Chattanooga, Memphis, Jackson, and Knoxville. Call Justin Gilbert, Jonathan Bobbitt, or a member of our team today at 888-996-9731 or fill out our contact form for a professional review of your sexual harassment case.

 

 

 

 

 

 

Sexual harassment can happen to anyone, regardless of age, gender, sexual identity, or race. But it is not often we consider where sexual harassment occurs; most people don’t think past the workplace when it comes to the legal repercussions of sexual harassment. Understanding the scope of when and where sexual harassment can occur could empower victims to speak up. It could also make perpetrators think twice about the consequences before making inappropriate comments, gestures, intimations, or actions.

According to the United Nations, there are three main categories of sexual harassment: verbal, nonverbal, and physical. Verbal sexual harassment includes sexual comments about a person or his or her body, questions—repeated or even once—about a person’s sexual history, preferences, or fantasies, turning non-sexual conversations in inappropriate directions, persistently asking out a person who has declined, or spreading rumors, lies, and gossip about another’s personal life. These are, mostly, things that a reasonable person would consider sexual harassment.

Nonverbal harassment can be more subtle, though equally reprehensible, such as staring, following, “elevator eyes,” hand gestures, facial expressions, blocking movement, or even gift giving. Finally, physical sexual harassment covers situations where unwanted contact occurs, like touches, massages, hugs, rubbing, or even infringing on personal space in an unwanted way.

Victims are doubly impacted by the implications of speaking out about harassment

It is clear from the myriad of iterations that sexual harassment can take that the issue is more complex than an off-color joke or stalking. Further complicating the issue is the fact that sexual harassment can occur literally anywhere: from the workplace to school to places of commerce, social events, and even in the home.  While a third party can step in to point out or prevent sexual harassment, generally the burden falls on the victim: to speak up, disrupt the setting, and draw attention to conflict. The fear a victim may have of these immediate repercussions alone may prevent his or her speaking up.

Sexual harassment in the workplace is even more fraught with clashing emotions. Many employees feel they may lose their positions if they speak up about harassment they have suffered or even witnessed. This type of implied or explicit promise of job or promotion in exchange for silence or compliance with harassment is known as “quid pro quo.” Victims and witnesses may even fear that their status as a whistleblower will follow them to future employment, making it harder to find another job. Even if no report is made, continued harassment can constitute a hostile work environment, making it difficult for victims and other employees to do their jobs effectively. In both situations, the victim and the perpetrator are not the only ones involved or at risk from the consequences of sexual harassment in the workplace. Everyone present and potentially involved in the future is also being put in jeopardy.

The only solution to sexual harassment is to “out” the offender; these behaviors do not resolve independently of outside action. When victims and witnesses bravely come forward to seek legal counsel for sexual harassment—particularly in the workplace, but anywhere they occur—they are behaving in the most selfless and courageous way, paving the path for better interpersonal relationships in the workplace, in the community, and throughout the world.

The Gilbert Firm provides experienced assistance for victims of sexual harassment and discrimination. To schedule a consultation with one of our Tennessee sexual harassment attorneys, such as Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form.

 

 

 

 

 

 

 

 

 

 

 

 

 

Let’s start with the big number first: 69,000 women – 69,000!!!!! These women, current and former employees of Sterling Jewelers, are part of a class-action lawsuit that began in 2008. (For context, Sterling owns Kay Jewelers and Jared the Galleria of Jewelry.)

Now, according to the Washington Post, “Declarations from roughly 250 women and men who worked at Sterling, filed as part of a private class-action arbitration case, allege that female employees at the company throughout the late 1990s and 2000s were routinely groped, demeaned and urged to sexually cater to their bosses to stay employed,” and that Sterling’s “chief executive and other company leaders presided over a corporate culture that fostered rampant sexual harassment and discrimination.”

The article from the Post paints a raw picture of the allegations in the case. The managers at Kay and Jared, engaged in acts of sexual harassment and discrimination such as:

• Holding “scouting parties” to seek out female employees with whom they would like to have sex.
• Engaging in quid pro quo harassment, where female employees were promised raises and promotions in exchange for sexual favors; they referred to this as “going to the big stage.”
• Paying female employees less than their male counterparts in the same positions.
• Verbally attacking, and eventually terminating, female employees.
• Making jokes about female employees’ bodies.
• Routinely passing over female employees for promotions in favor of giving those new positions to male employees.

I wish we could say we were surprised by the accusations, but we’re not: we’ve represented women in sexual harassment and discrimination cases against the jewelry industry before. We know exactly what kind of hostile work environment was created for male and female employees alike, based on a culture where illegal behaviors like these are rewarded, not punished.

Fair and equal treatment for these victims has been a long time coming – 10 years, by the time the first witnesses are called in 2018. We hope they get it.

The Gilbert Firm provides comprehensive counsel for victims of sexual harassment and discrimination. To schedule a consultation with Jonathan Bobbitt, Justin Gilbert or one of our Tennessee sexual harassment attorneys, please call 888.996.9731, or fill out our contact form.

A hostile work environment is something that we get calls on a lot. “Hostile work environment” is one of those phrases that the general public uses to describe bad things at are going on at work – and not all of them are actionable. But, it is true that an employee has a right to be free from harassment, intimidation, and extremely uncomfortable work environments. And so, we analyze each of those calls here at The Firm, to be sure that it is actually a claim that is actionable as a hostile work environment.

The most common hostile work environment is sexual harassment, but there are many others. Any sort of harassment that someone is undergoing can be considered a hostile work environment. For example: harassment based upon race, harassment based upon gender, harassment based upon your sincerely held religious beliefs – all of those can also be considered a hostile work environment.

If you are unsure whether or not the way you have been, or are being, treated is the basis for a claim, come see us. The Tennessee employment attorneys of the Gilbert Firm have the experience, skills and resources to handle all manner of claims involving harassment and hostile work environments. We can help you pursue justice and protect your rights. To speak with Jonathan Bobbitt, or one of our lawyer sin Nashville, Chattanooga, Memphis, Jackson or Knoxville, please call 888.996.9731, or fill out our contact form.

Casey Affleck, younger brother of Ben Affleck, just won a Golden Globe for Best Actor for his work in Manchester by the Sea. Clearly, he is a talented actor. Before he won, however, the news was filled with stories about his alleged acts of sexual harassment against two women back in 2010. And so the debates ensue over separating the art from the artist, and whether doing so allows the actor to avoid culpability for those alleged actions.

But, this story is far bigger than Casey Affleck. That is, that Hollywood has been using sexual harassment as a foil for comedy for decades. A couple of years ago, Buzzfeed put together a list of 11 movies that use sexual harassment and assault for laughs, and, candidly, the breakdown is anything but funny.

This tired old trope of (generally speaking) men subjecting women to hostile work environments in order to get a laugh isn’t funny; it’s never been funny. The EEOC reports that in 2015, 6,822 charges alleging sexual harassment were made by employees throughout the country. That doesn’t even touch the number of actual incidents of workplace harassment… not even close. Yet even now, TV and movies continue to use sexual harassment for the purpose of making a joke.

This normalizes the behavior – grants permission to men (and women) to behave in this way. And when the victim refuses the aggressor’s advances, or files a complaint, that victim becomes the one who “can’t take a joke.” The man or woman is then victimized a second time, and the cycle continues.

Talking about sexual harassment

The allegations against Casey Affleck are even more serious; one woman accuses him of acts that border on, if not cross the line into, sexual assault. Alas, Affleck is hardly alone. There is a long list of A, B and C list celebrities and politicians who have been accused of sexual harassment at some point in their careers. And, this isn’t just happening on the left and right coasts of the country. Numerous Tennessee women endue sex-based harassment every day. There has to be a way to “de-normalize” this behavior.

One thing we can do is demand accountability from those who commit the acts, whether they’re movie stars, politicians, CEOs, executives, managers or the co-workers we work with every day. If a man or woman is making unwanted advances towards you, making you feel uncomfortable or unsafe, or is contributing to a hostile work environment, you do have legal options available to you to force that behavior to end.

At the Gilbert Firm, our Tennessee sexual harassment attorneys like Jonathan Bobbitt fight on behalf of employees just like you. If your rights have been violated, or if you wish to find out more about our employment services, please call 888.996.9731 or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, so we are always close by when you need us.

I think sexual harassment is the area of employment law that’s currently attracting the most attention. And justifiably so; I mean, you look at the headlines: sports teams, executives in the workplace, executives in news organizations – they’re all being accused of sexual harassment.

This isn’t something that’s new. Sexual harassment has been going on for an awful long time. But I’m very proud of the fact that victims of sexual harassment are find their voice and coming forward, and I’m very proud of the work that our law firm is doing to try to help those victims.

Fast facts about sexual harassment

In 2015, the Equal Opportunity Employment Commission reports there were 863 charges of sexual harassment and discrimination filed against Tennessee workplaces, employers and workers – just under 32% of all charges filed with the EEOC in Tennessee that year. Think about that: almost a third of all EEOC discrimination charges filed in Tennessee that year were related to sexual harassment in some way.

Though the exact charges are not publicly available, most sexual harassment cases involve:

• Employers, supervisors and employees asking a person for sexual favors in exchange for something else, called quid pro quo
• Inappropriate touching
• Inappropriate sexual comments or jokes
• Inappropriate emails with sexual content in them

In short, if language or behaviors that are sexual in nature are creating a hostile work environment, you may have a claim for sexual harassment.

At the Gilbert Firm, we fight for victims of sexual harassment and discrimination every day. You have a right to feel safe in your workplace, and our Tennessee sexual harassment lawyers can help you. To make an appointment with a member of our team, or to visit one of our offices in Nashville, Chattanooga, Memphis, Jackson or Knoxville, please fill out our contact form or call 888.996.9731.

One of the most common calls that we get for hostile work environment is sexual harassment. And sexual harassment is an unwelcomed sexual advance that creates a hostile, uncomfortable work environment for the employee.

There are really two types of sexual harassment: one is the hostile environment that we’re talking about. This can be where a co-worker, or a supervisor or anyone is inappropriately touching the employee, sending inappropriate messages via email or text; perhaps they are requesting sexual favors. There are many different ways that a worker can be made to feel uncomfortable in that scenario.

The other type of sexual harassment is called quid pro quo, which is a situation in which a supervisor or a boss suggests to the employee that, in exchange for whatever sexual favor they [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the supervisor or boss] want, they [the employee] may get an employment benefit to go along with that. Now, sometimes it may be, “If you do this for me I won’t fire you” or “we won’t reduce your pay,” or maybe they say “If you do this for me, I’ll see that you get that promotion,” “I’ll see that you get a raise” or “you’ll get to keep your job.” And that is when a boss or the supervisor is offering something of value in exchange for a sexual favor.

You have the right to safe environment

There is never a reason for an employee to feel unsafe in the work place because of sexual harassment. This type of behavior is illegal at both the state and federal level, and we fight to uphold the laws for the safety and protection of our clients. If you have been subjected to acts of harassment by co-workers, supervisors, executives, or anyone you work with, you may have legal options available to you.

At the Gilbert Firm, we advocate on behalf of Tennessee employees every day. When your rights have been violated, you can rely on us to seek justice for you. To learn more about what constitutes sexual harassment, or to make an appointment with an experienced Tennessee sexual harassment attorney like Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, so we are always close by when you need us.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

21st Century Fox has reached a settlement with Gretchen Carlson for $20 million. Ms. Carlson sued Roger Aisles, then-CEO of Fox News, for sexual harassment and retaliation. Perhaps as significant as the settlement figure is the public apology issued to Ms. Carlson by Fox: “We sincerely regret and apologize for the fact that Gretchen was not treated with the respect that she and all our colleagues deserve,” reports CNN Money. Rogers Ailes’s attorney, however, was quick to point out that her client did not contribute to the settlement payouts at all. Ailes has continued to deny the allegations against him.

Fox has also agreed to smaller settlement figures for a “handful” of other employees, effectively ending additional lawsuits against Ailes and Fox. Ex-host Andrea Tantaros’s lawsuit is still pending, though Fox has shown no indication that it is considering settling with her.

We find it interesting that the amount of the settlement was released. Vanity Fair was the first source to report the amount, and CNN corroborated it. Not only is it an extraordinary figure, but many times, in cases like these, either one or both parties wish to keep the amount private. That Fox was willing to settle the case for $20 million may be indicative of how little faith they had in their former CEO – and a sign of things to come. At last count, 20 different women filed lawsuits against Roger Ailes and Fox News.

The Gilbert Firm provides comprehensive counsel to employees, policyholders and students throughout Tennessee. If you have been a victim of sexual harassment, wrongful termination or retaliatory measures, please contact Jonathan Bobbitt or the firm through our contact form, or call 888.996.9731 and schedule an appointment at one of our offices in Nashville, Chattanooga, Memphis, Jackson or Knoxville.