Telling Sexual Jokes, Viewing Pornography in the Workplace is Sexual Harassment

EEOC Reports Settlement in Discrimination Lawsuit Against Correctional Facility

The U.S. Equal Employment Opportunity Commission (EEOC) reports the settlement of a pattern or practice discrimination lawsuit against two employers both doing business as a correctional facility in Colorado.

The suit was for $1.3 million and significant remedial relief on behalf of 21 female former workers who were allegedly subjected to a sex-based hostile work environment and retaliation at the all-male, privately run medium security prison.

In its lawsuit (EEOC v. Dominion Correctional Services, LLC and Corrections Corporation Of America, Civ. No. 1:06-cv-01956-KVH), filed in U.S. District Court for the District of Colorado, the EEOC charged that female employees at the prison were subjected to unwelcome sexual harassment that included male managers forcing them to perform sex acts in order to keep their jobs. Two chiefs of security, who reported directly to the warden and to whom all security personnel at the prison reported, were allowed to resign after numerous complaints of sexual harassment and rape, according to the EEOC. In the settlement, the defendants did not admit liability.

“We at the EEOC see an unfortunately high number of sexual harassment cases, but what allegedly happened here was shocking,” said EEOC Acting Chairman Stuart Ishimaru. “No working woman should ever have to endure harassment and requests for sexual favors by managers in order to earn a paycheck – or suffer retaliation for complaining about the illegal harassment.”

Among the allegations in the court record are the following: A female officer made a complaint of sexual harassment against a male co-worker, and was then placed in an isolated location, where she was sexually assaulted by the man about whom she had complained. The Chief of Security forced a female corrections officer to have intercourse with him, which she did in order to keep her job. After that Chief of Security resigned, his replacement was the subject of numerous written complaints of sexual harassment, including complaints that he regularly commented on female employee’s bodies, and touched female officers inappropriately.

Other male managers allegedly expected their female subordinates to provide sexual favors, the EEOC says in the suit. The alleged actions reportedly led at least one employee to resign.

In addition to these allegations, the female employees testified that the male employees openly viewed pornography in the workplace on a regular basis, made demeaning sexual comments about the female employees, and regularly told sexual jokes. (workersxzcompxzkit)

The lawsuit further alleges that female employees who complained about the sexually hostile workplace were retaliated against. The retaliation included ostracizing the women after their complaints were publicized, scrutinizing their work, accusing them of misconduct, and assigning them to the worst and most dangerous work assignments at the prison.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-786-8286.

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