Sexual Harassment Client Wins $50,000 for Emotional Distress After A Hearing Lasting 3 days (2011)

Our client filed a charge and complaint of discrimination and sexual harassment against her employer in this case who employed her for several years. She claimed that she was harassed by her managing agent who was employed in a supervisory capacity. She testified to at least 16 separate instances of sexual harassment by her managing agent during her employment. Such conduct included asking if she wanted to see his private part and then pulling it out for her to see; stating that her tit---s looked good; asking if she was ready to sleep with him; and engaging in various conversations about viagra and penis pumps. He also rubbed her shoulders from behind her and asked if he could kiss her, claiming that he has soft lips. After objecting to this conduct to no avail, our client along with other coworkers, complained to upper management about the harassing conduct. The managing agent was terminated shortly thereafter.

After a hearing and testimony that lasted approximately 3 days from several witnesses, the presiding Honorable Administrative Law Judge found that the evidence established that our client was sexually harassed. The Judge found the testimony of our client to be credible and the Respondent was liable for the harassment because the harasser was in a supervisory role when he perpetrated those acts. The Judge further ruled that the harassment resulted in mental anguish for our client. In awarding her $50,000 in mental anguish damages, the Judge cited evidence that she missed work, did not sleep well, stopped eating and felt just depressed. Furthermore, the harassment caused her to feel tired, hurt and ignored, justifying an award of compensatory damages. The Judge has since permitted our client to submit her attorneys fees and costs to the Commission to determine how much of those fees and expenses that respondent will pay.