AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Sexual Harassment - Suits Against the Union
First Circuit upholds
a jury award of $1,205,000 in compensatory damages and $1,027,501 in punitive
damages against a police union and others. A woman union member alleged
sexual harassment during a union event, and a union official made threatening
and intimidating remarks about her on television. Dixon v. IBPO L-382,
#06-1210, 2007 U.S. App. Lexis 22891, 101 FEP Cases (BNA) 1121 (1st Cir.).
Federal jury in
Boston awards a Lowell officer $1.2 million in compensatory damages and
$1 million in punitive damages against the International Brotherhood of
Police Officers in a sexual harassment lawsuit. Dixon v. Intern. Bro. of
Police Officers, #1:01-cv-11806 (D. Mass. 2005). [2006 FP Jan]
Federal court holds that a union can
be sued for failing to assist a member with ongoing sexual harassment and
for condoning harassment. Agosto v. Correctional Ofcrs. Benev. Assn., 107
F.Supp.2d 294, 2000 U.S. Dist. Lexis 10387, 83 FEP Cases (BNA) 1042 (S.D.N.Y.).
[2000 FP 174]
Federal court refuses to dismiss a harassment
suit against the local and national unions, for failing to process her
harassment grievances. Rainey v. Warren, 80 F.Supp.2d 5, 2000 U.S. Dist.
Lexis 295, 82 FEP Cases 67 (D.R.I). [2000 FP 59]
Secretary in an IAFF office, who claimed
she was sexually abused by the Local's President, could not recover damages
against the city, because she was directly employed by the union, not the
city. She could not sue the union local either, because it had less than
15 employees. Kern v. City of Rochester, 93 F.3d 38, 71 FEP Cases (BNA)
1391, 1996 U.S.App. Lexis 20636 (2nd Cir.). [1997 FP 14]
Federal appeals court reverses a money judgment
won by a woman sergeant against the police union. Rude and insulting articles
in the P.O.A. newsletter did not create a sufficiently hostile work environment.
DeAngelis v. El Paso Police Assn., 51 F.3d 591, 67 FEP Cases 1251, 1995
U.S.App. Lexis 10446 (5th Cir.); cert. den. [1995 FP 156]
Federal appeals court overturns arbitration
award reinstating an employee who had been discharged for repeatedly sexually
harassing women coworkers. The award condoned his misconduct and "tends
to perpetuate a hostile, intimidating and offensive work environment."
Further, it impedes the employer's "legal duty to eliminate sexual
harassment in the workplace." Newsday Inc, v. L.I. Typog. Union L-915,
915 F.2d 840/at 845 (2d Cir. 1990). {N/R}
A single incident supported a hostile work
environment claim because of its severity. The defendant pressed the plaintiff
against the door with his body causing her to feel his "erect sexual
organ against her body" the court found the conduct was not severe
or pervasive enough to create a hostile working environment. Del Valle
Fontanez v. Aponte, 660 F.Supp. 145, at 146-149 (D.P.R. 1987). {N/R}
Appellate court upholds liability of union
for emotional distress caused by its secretary-treasurer. Seritis v. Hotel
& Rest. Emp. & Bart. Union L-28, 213 Cal.Rptr. 588 (App. 1985).
Women get $275,000 from union and leader
in sexual harassment case; duty of "fair representation" breached.
DeLoache v. Hotel & Rest. Emp. & Bart. Union L-28, Sup'r Ct., Alameda
Co., Calif. (1980).