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Which Industries Have the Most Sexual Harassment Reports?

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Sharon Feldman

The Equal Employment Opportunity Commission (EEOC) is the government entity responsible for collecting all types of discrimination claims, including reports of sexual harassment.

Any employee in the United States who feels they have been illegally discriminated against at work can file a charge with the EEOC, who will then investigate the claim and take any necessary action.

Unfortunately, not all instances of sexual harassment get reported.

There are many barriers that stop harassed employees from making a report, such as fear of retaliation and uncertainty of what constitutes harassment.

This means that data from the EEOC cannot possibly reflect every actual instance of harassment, but it’s a good place to start analyzing data and trying to make sense of it. One interesting data point to examine is which industries receive the most sexual harassment reports.

EEOC Data

According to EEOC data from 2005 to 2015, the ten industries with the most sexual harassment reports are as follows. Included is the percentage of total reports that each industry represents. 

  1. Accommodation and Food Services (14.23%)
  2. Retail Trade (13.44%)
  3. Manufacturing (11.72%)
  4. Health Care and Social Assistance (11.48%)
  5. Administrative/Support/Waste Management/Remediation (6.92%)
  6. Public Administration (6.48%)
  7. Professional/Scientific/Technical Services (5.73%)
  8. Transportation and Warehousing (4.94%)
  9. Finance and Insurance (3.98%)
  10. Educational Services (3.98%)

The accommodation and food services industry takes first place, which will come as no surprise to many. The restaurant industry has dealt with sexual harassment issues for years; not only do servers and hospitality workers have to deal with harassment from coworkers or supervisors, but from customers as well.

Because “the customer is always right” in the service industry, some customers are empowered to take advantage of service employees. Many customers also expect their service “with a smile”, and expect service employees to put up with anything in order to get a tip.

The issue is similar in the retail industry. Not only does harassment come from customers, but it’s another service industry which means it typically has many low paid female employees, and mostly male supervisors. An uneven gender ratio may also be the reason that the manufacturing industry comes in third on the list.

This industry typically has much higher amounts of male employees than female employees, creating an uneven power dynamic. One survey found that over 60% of women in manufacturing reported experiencing sexual harassment at work. 

Finally, let’s take a closer look at the industry in fourth place: health care and social assistance. Like the restaurant industry, the nursing industry has been speaking out about sexual harassment for years. Health care workers have to deal with potential harassment from fellow staff, supervisors, patients, and even patients’ family members.

Not only is there another group of potential harassers, but health care workers often need to physically touch their patients, which can lead to blurry boundaries. Just like in restaurants, the customers – or patients in this case – can have a sense of entitlement, thinking they deserve any type of service they desire from the employee.

Interpreting the Data

Based on the industries with the most harassment claims, there are a few factors that seem to be at play. One is the presence of customers or patients in that line of work. We see that restaurants and health care facilities deal with harassment more than others, and other data sources have shown us that both servers and nurses report harassment from these populations.

There are also other factors not seen in the data that may play a role. For one, we don’t see a breakdown of who the harassment stems from; it would be interesting to know the percentage that comes from fellow staff members versus customers or patients. Additionally, these industries may have different amounts of harassment in different parts of the country. We don’t know where exactly these issues are the most prevalent. Oftentimes local laws and company policies dictate company culture and set a precedent for what behavior is acceptable.

The next step is to continue collecting and analyzing data, spreading awareness, and encouraging proper employment laws and policies that protect employees from harassment.

About the Author: Sharon Feldman is a writer based in San Diego, California, who is passionate about safety and equality. When not writing blogs, Sharon can be found at the beach with her dog.

This blog was contributed to Workplace Fairness. Published with permission.


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Proving Sexual Harassment in the
Workplace

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As allegations of sexual harassment in the workplace continue to make the news, the question of how victims should respond remains unanswered. Even when no celebrities are involved, it can be difficult to convince those around you that a boss or co-worker is acting inappropriately.

A study conducted by Harvard Business Review found that although women’s reports of sexual harassment have decreased following the #MeToo movement, reports of gender harassment have gone up. This means that we still have a way to go, and that harassers may be acting in more subtle ways. According to a 2018 study by Pew Research Center, 69% of women who reported experiencing sexual harassment said it happened in a work setting.

As a brief refresher, the two main types of workplace sexual harassment are quid pro quo and a hostile working environment. Quid quo pro sexual harassment refers to offering something in exchange for the sexual act, such as a promotion or raise. A hostile work environment is fairly self-explanatory, but essentially means creating an uncomfortable environment due to inappropriate comments, behavior, or physical touch. All workplace sexual harassment is federally illegal under Title VII of the Civil Rights Act.

Barriers to Justice

Gathering admissible evidence is crucial to workplace sexual harassment cases. This is because most companies have a policy requiring proof “beyond a reasonable doubt.” The standard that courts use is a lower one – “preponderance of evidence” – but private companies can set their own rules. Unfortunately, this means that without a confession or witness statement, it is incredibly hard to prove harassment.

The other policy creating a barrier is confidentiality. Even if the accused is found guilty, (and if they are, they are rarely punished), no one at the company will find out. That makes it difficult for potential victims to avoid the perpetrator around the workplace.

Burden of Proof

When sexual harassment in the workplace does occur, it unfortunately falls on the victim to prove. They will need to show four things: 1) they belong to a protected class (in this case gender), 2) they have been subject to harassment/unwanted sexual advances, 3) the harassment was based on sex/gender, and 4) the harassment was severe enough to create a discriminatory or abusive workplace. The fourth point is often the hardest to prove.

Victims of harassment will need to gather any evidence they can, which can be difficult. One way to establish a pattern of harassment is to simply document it privately. While the ideal evidence would be an email, text, video, or audio recording, that’s difficult to obtain.

If you are experiencing harassment at work, no matter how minor, you should begin documenting it. Every single time an instance occurs, write it down. Create a document or use your phone’s notes app to start a list. Write down as much information as possible, such as: the date, time, who was involved, what was said/done, were there any witnesses. If there were witnesses, that will help your case.

Retaliation

Retaliation is a very important issue in the world of workplace harassment. It is defined as any action that may deter someone from participating in an activity protected by antidiscrimination laws. A 2020 study conducted by the U.S. Equal Employment Opportunity Commission (EEOC) found that 55.8% complaints that year related to retaliation after reporting workplace sexual harassment.

A famous example in the news would be the Harvey Weinstein case. Because Mr. Weinstein had authority over the careers of the women he harassed, he was able to allegedly threaten retaliation if they spoke up. Unfortunately, just like sexual harassment, retaliation is very difficult to prove without hard evidence. If you experience harassment or retaliation in the workplace, remember to take detailed notes and establish a pattern of behavior – then report it.

This blog was printed with permission.

About the Author: Sharon Feldman is a writer based in San Diego, California, who is passionate about safety and equality. When not writing blogs, Sharon can be found at the beach with her dog.


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“It’s Time to Turn This Tortilla Around”: El Milagro Workers Walk Out, Demanding Fair Treatment

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Alleging abusive conditions and staff shortages amid the pandemic, workers at the iconic Chicago tortillería walked off the job—only to to be locked out by management.

On Thursday, food production workers at El Milagro—Chicago’s most popular tortilla company—staged a temporary walkout, alleging years of workplace violations and abusive conditions made worse by the pandemic.

After leaving their shift early, nearly 100 workers picketed outside El Milagro’s flagship taqueria and neighboring tortillerĂ­a in the Little Village neighborhood on Chicago’s South Side, promising to escalate their protests unless management meets with them to discuss their grievances by September 29. They were joined by local faith leaders, community supporters and democratic socialist 25th Ward Alderman Byron Sigcho-Lopez of the nearby Pilsen neighborhood.

Laura Garza, director of Arise Chicago worker center—which has been helping the non-unionized El Milagro workers organize over the past several months—said that 85 workers contracted Covid-19 on the job last year, and five died. With employees getting sick or resigning, the company has been understaffed, leading to a widely reported scarcity of El Milagro products at grocery stores across the Chicago area earlier this month, with eager customers lining up outside the company’s facilities to get their hands on however many tortillas they could. 

Along with picket signs, the workers carried a giant burrito and tortilla chips made of carboard. They led chants changing the company’s name from El Milagro to â€œEl Maltrato,” which translates to â€œmistreatment.”

“You’ve heard there’s a shortage of workers over and over on the news, but the fact is there isn’t a so-called shortage of workers, it’s a shortage of good wages, good benefits, good working conditions, and being treated with respect and dignity on the job,” said Garza. The worker center also recently helped organize non-union food production employees at the popular Portillo’s restaurant chain, who staged a seven-day strike this summer.

The workers allege that in order to keep production going amid the staffing shortage, management has been illegally forcing them to work up to seven days per week, as well as violating the city’s paid sick leave ordinance and speeding up the production machines to dangerous levels.

“With the extreme speed of the machines, people are having health issues, especially back pain from having to go so fast,” El Milagro worker Alfredo Martinez told In These Times. Martinez added that he and his coworkers have also suffered health problems from having to work quickly in temperatures over 90 degrees, without being allowed breaks to drink water.

“They’re cranking up these machines to produce more tortillas, but we’re not machines,” said Martin Salas, an El Milagro employee who has worked at the company for ten years. â€œI’m packing 80 packages in one minute. If it doesn’t happen, then it’s my fault.”

The workers also claim that management is advertising new job openings at $16 an hour—higher than what workers who have been at the company for years make. Martinez, who has worked at El Milagro for 13 years, said veteran employees like himself are also expected to train the new hires without any extra compensation.

“The new people don’t stay for long because it’s too hard and too hot,” Martinez said. â€œWe know the work; we do the work well. It’s insulting when you’ve been working here for years, doing a good job and new people who have barely been trained are making more than you.”

The workers reported numerous other abuses at El Milagro, including sexual harassment and intimidation. With the help of Arise Chicago, they have organized a committee and are demanding that management implement a fair wage scale based on seniority and experience, increase wages to at least $20 per hour, stop all harassment and hire more staff. The workers claim that despite issuing multiple letters to management, the company has so far refused to meet with them to discuss their concerns.

When the employees who walked out of the El Milagro plant in Little Village attempted to return to complete their shifts after the protest rally—as they had earlier informed management they would do—they were locked out. Arise Chicago says this is illegal retaliation by the company. Upon learning that their colleagues had been locked out, five cleaning workers arriving for the late-night shift decided to join the walkout.

Salas said that when he and other first-shift workers went into work on Friday morning, prepared to walk out in solidarity with their locked-out colleagues, they were greeted by an armed security guard. â€œThat is simply a tactic the company is using to intimidate us, and it’s creating a lot of fear,” he said.

As the locked-out workers reported to human resources on Friday morning seeking to return to work, they were joined by 22nd Ward Alderman Mike Rodriguez, whose district includes the El Milagro plant, Cook County Board Commissioner Brandon Johnson and Chicago Teachers Union recording secretary Christel Williams-Hayes.

“We stand with you,” Williams-Hayes told the workers. â€œWhat you’re doing is not wrong. Stand in solidarity, stand up for your rights, do not be afraid.

Management promised to allow the locked-out employees to return to work at the start of their 2 p.m. shift on Friday, with no loss of pay, according to an Arise Chicago spokesperson.

El Milagro did not respond to a request for comment. The company has also faced complaints at its facility near Austin, Texas, where it was recently fined $218,000 by the Occupational Safety and Health Administration for unsafe machinery exposing workers to amputation dangers.

The struggle at El Milagro is reminiscent of attempts to unionize immigrant workers at TortillerĂ­a Del Rey in Chicago’s Pilsen neighborhood 40 years ago. That campaign was led by legendary organizer Rudy Lozano, who, before his murder in 1983, famously helped build Black and Latino unity in support of Harold Washington’s successful run for mayor.

Jorge MĂşjica, Arise Chicago’s strategic campaigns organizer, said the workers are exposing El Milagro’s â€œgreedy” side. â€œIn English, we say â€˜the other side of the coin.’ In Spanish we say â€˜el otro lado de la tortilla’ [the other side of the tortilla],” he explained. â€œIt’s time to turn this tortilla around.”

About the Author: Jeff Schuhrke has been a Working In These Times contributor since 2013. He has a Ph.D. in History from the University of Illinois at Chicago and a Master’s in Labor Studies from UMass Amherst. Follow him on Twitter: @JeffSchuhrke

This blog originally appeared at In These Times on September 24, 2021. Reprinted with permission.


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Tipped workers face added sexual harassment during the pandemic, this week in the war on workers

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In the fight for a $15 minimum wage, don’t forget about tipped workers. While the federal minimum wage has been $7.25 an hour since 2009—and Congress hasn’t passed an increase since 2007—the tipped worker minimum wage has been at $2.13 an hour since 1991. The theory is that workers get at least minimum wage thanks to tips, or else employers make up the difference. The reality can be very different: “the federal Department of Labor’s wage and hour division has estimated that 84% of restaurants violate labor standards including tip violations. In other words, far too often, workers don’t get the tips they’re due,” Saru Jayaraman of One Fair Wage writes.

And working for tips opens workers up to racism, sexism, and sexual harassment. Research shows that Black waiters get lower tips, and waiters viewed as attractive get higher tips. Now, there’s a new twist, Jayaraman reports. “Male customers are making lewd and sexualized comments about servers’ masks and saying things to women servers like, ‘Take off your mask so I can see how much to tip you.’ In other words, while tips and, thus, wages for restaurant workers are plummeting, sexual harassment is rising.”

This is gross and awful, and while it would be great to see immediate justice in the form of drinks in faces and food dumped on laps, it would be still better if workers didn’t have to put up with that kind of harassment to make a living wage.

This blog originally appeared at Daily Kos on March 6, 2021. Reprinted with permission.

About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.


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McDonald’s Workers Charge Grotesque Sexual Harassment in New $500 Million Lawsuit

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Image result for Hamilton Nolan

Two women who worked for McDonald’s in Florida, backed by the Fight For 15 and the Time’s Up legal fund, have filed a new class action lawsuit against the company, alleging a widespread pattern of sexual harassment at stores throughout the state. They are seeking $500 million in damages, and a fundamental change in the way McDonald’s handles sexual harassment at thousands of locations across America.

The suit is crafted to attack a legal shield that McDonald’s uses to insulate itself from labor violations. The company, like many in the fast food industry, has long held that it is not responsible for violations that take place in stores owned by franchisees—a powerful tool for protecting the corporation, since more than nine in ten McDonald’s are franchises. (The legal definition of this “joint employer” standard has been a key struggle for the Fight For 15, which saw a more labor-friendly definition during the Obama administration rolled back under President Trump.) Lawyers in this suit are targeting more than 100 McDonald’s stores in Florida directly owned by the parent company, seeking to force changes that could then spread to corporate and franchise-owned stores alike. The new lawsuit is an escalation of a campaign against sexual harassment at McDonald’s that the Fight For 15 has been waging since 2018, which has included dozens of complaints filed with the Equal Employment Opportunity Commission. 

On top of the half-billion dollars in damages, the suit asks for additional punitive damages, as well as “effective worker-centered anti-harassment policies and procedures and training” for both lower and upper-level McDonald’s managers.

The two plaintiffs in the suit, Jamelia Fairley and Ashley Reddick, both worked at a corporate-owned McDonald’s in Sanford, Florida. Both say they suffered sexual harassment from coworkers and employees alike over a period of several years, and that their complaints were ignored by managers. Fairley, speaking via videoconference, said that one coworker asked her “how much it would cost to have sex with my daughter,” when her daughter was one year old. She said that her hours were cut after she complained. “Try raising a toddler on a paycheck of $67 a week,” Fairley said, as her daughter could be heard crying in the background. 

Reddick, who was earning just over $10 an hour, says that a male coworker harassed her verbally, rubbed his groin against her, showed her a picture of his penis on his cell phone, and even followed her into the bathroom at the store while she was cleaning it, terrifying her. She says that managers retaliated against her when she complained. “Instead of helping me, they stopped scheduling me for shifts,” she said. “And then they fired me.” 

Gillian Thomas, an attorney at the American Civil Liberties Union who is working on the plaintiffs’ case, said that while the lawsuit’s formal scope extends only to corporate-owned stores in Florida, the hope is that it can have a broader effect on sexual harassment throughout the entire company. “McDonald’s has the power to change practices everywhere,” Thomas said. “Our position is it should be doing vastly more to ensure that the employees in those franchises that earn billions of dollars for the corporation” are protected. 

That position is of a piece with what the Fight For 15 has long maintained: McDonald’s, in reality, exercises tight control over all aspects of its franchises, from the food to the menu to the store appearance, so the argument that it is not responsible for labor violations because it does not control the operations of its franchisees is little more than a convenient legal fiction. 

In a statement, McDonald’s said that “The plaintiffs’ allegations of harassment and retaliation were investigated as soon as they were brought to our attention, and we will likewise investigate the new allegations that they have raised in their complaint.” The company also said it has implemented “Safe and Respectful Workplace Training in 100% of our corporate-owned restaurants and encourages our franchisees to do the same.” (The fact that the company purports to be unable to impose training requirements on its franchised stores points to the very “joint employer” problem that the Fight For 15 is up against.) 

Allynn Umel, an organizing director with Fight For 15, said that McDonald’s failure to effectively police sexual harassment has the same root cause as the complaints workers have had about their own safety while working during the coronavirus outbreak—complaints that have sparked walkouts across the country in recent weeks. “They have failed absolutely,” Umel said, “in being able to protect their own workers.” 

This article was originally published at In These Times on April 13, 2020. Reprinted with permission. 

About the Author: Hamilton Nolan is a labor reporting fellow at In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. You can reach him at Hamilton@InTheseTimes.com.


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Treated Like Meat

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Image result for Lauren Kaori GurleySmithfield Foods’ 2,000-employee bacon and sausage packaging plant in Smithfield, Va., sits a mile down the road from the company’s stately corporate headquarters and flagship restaurant, Taste of Smithfield, a tourist-friendly establishment known for its smoked pork brioche sandwich, Virginia craft beer and “piglets” menu for kids under 12.

Near the meatpacking plant on Church Street, the stench of bacon and hog excrement hangs in the air. Jenny (not her real name), a 37-year-old single mother with two young daughters, is lighting up a Marlboro before a 10-hour shift. “Everybody here is miserable as shit, unless you’re one of the higher-ups,” she tells me later over the phone.

Jenny describes the plant floor as having a “male-dominated atmosphere.” Her male coworkers joke that she needs “to get laid.” And behind closed doors, supervisors regularly make crude sexual jokes about her coworkers, says Jenny, who was a crew leader. Despite her urge to “raise hell,” she rarely reports the mistreatment she sees from supervisors.

“I’m not willing to put myself in a position to lose my job,” she says. Like many low-wage workers, Jenny lives paycheck to paycheck. She had to take out a personal loan to replace her car battery just so she could get to work. (Jenny quit her job at Smithfield in May, after we spoke, because her pay dropped from $17 to $15.20 an hour.)

“No one ever feels comfortable reporting stuff because it usually backfires,” Jenny wrote to In These Times. Workers are frequently disciplined and fired by supervisors who hold “grudges,” she says.

In late May 2018, nine other women at the plant where Jenny works sued Smithfield Foods, the largest pork processor in the world. Several of the lawsuits charged that plant supervisors had engaged in “the most extreme acts of sexual harassment.”

The women worked in the retail bacon division, the microwave bacon department and the kill floor. They alleged that, for years, supervisors brushed their genitals against them and grabbed their breasts and buttocks; promised a promotion and even a “cheap car” in exchange for sexual liaisons; and prodded the women for sexual favors such as fellatio and a lap dance.

One worker, Marquesses Foreman, alleged she was harassed on a weekly basis for more than a year, between 2014 and 2016, and that her supervisor showed her a photo of his penis, hit her with rolled-up paper and touched her breasts. He allegedly told Foreman, who is black, that he should fire all of the black workers and replace them with Mexicans who “could get the job done for less pay.” Because of her supervisor, Foreman suffered “significant mental anguish, pain, suffering, emotional distress, loss of sleep [and] humiliation,” according to lawsuits.

Another worker, Tamika Day, alleged that her supervisor called her a “whore,” “bitch” and “slut,” and told her “you slept your way to where you are,” and “you fucked in order to get your promotion.” Day said that after she complained to Smithfield’s human resources department in 2015, the slurs and insults multiplied, and human resources cut her hours.

In fact, four of the women claimed HR reduced their hours after they reported harassment. Foreman allegedly lost 20 percent of her income from the reduced schedule.

Three of the women were allegedly fired after reporting harassment. In four of the complaints, HR allegedly took no action to address the harassment, while in one case, it took months.

Like most other sexual harassment lawsuits filed under Title VII of the 1964 Civil Rights Act, these lawsuits never came before a jury. Five months after filing, in late October, the nine women resolved their complaints with Smithfield outside of court—a route often pursued by large corporations to avoid negative publicity. No settlement amount was disclosed.

The women and their lawyers did not respond to In These Times’ interview requests, but 12 current and former Smithfield workers from two of the largest plants in the Southeast agreed to talk. The workers—women and men—ranged in age from 25 to 67. All but one requested pseudonyms for fear of retaliation by Smithfield or future employers.

A few of the workers at the Virginia plant said Smithfield initiated mandatory training about sexual harassment in the wake of the lawsuits. Jenny said her class was about 15 minutes and included a slideshow on how to report harassment. “It was really just so generic,” she said. “It was honestly so we could just get in there and sign a paper verifying we were at the training.”

Ten of the 12 said they had either experienced, witnessed or were aware of line supervisors perpetuating a toxic culture of harassment, including sexual comments, unwanted touching, coercion, retaliation or favoritism. Many workers interviewed believed complaining to the company would be useless. Management, they said, valued supervisors who could meet high production quotas, regardless of how they treated workers.

The Smithfield plant in Virginia is not the only one that has faced sexual harassment complaints. In the past decade, workers have filed at least 11 lawsuits against Smithfield alleging sexual harassment in both union and nonunion work sites in Virginia, California, Kentucky, North Carolina, South Dakota and Texas. Four of the cases were dismissed, six were settled and one is ongoing.

At Smithfield’s 4,400-worker plant in Tar Heel, N.C., the single largest pork plant in the world, a supervisor named Lisa Cooper alleged in a 2013 lawsuit that her boss sexually harassed her for four years and “threatened to kill” her if “she continued to report him to upper management.”

Cooper nonetheless reported him to HR, then quit shortly after in fear of more harassment. In 2018, a federal appeals court dismissed her suit on the grounds that, in quitting, she failed to give Smithfield time to respond.

Sala Naambwe, a 46-year-old Congolese refugee working at a Smithfield subsidiary in Sioux Falls, S.D., alleged in a 2017 suit that management mocked her, isolated her and increased her workload after she told them that her coworkers called her a “monkey” and a “bitch,” and sexually harassed her. The case is ongoing.

THE MOST VULNERABLE WORKERS

Asked about allegations of sexual harassment at its plants, Smithfield’s executive vice president of corporate affairs and compliance, Keira Lombardo, pointed to Smithfield’s code of business ethics, which promises “the right to work free from harassment” including sexual advances and slurs.

“Each and every employee has pledged to uphold these standards upon joining the company, and violations of these standards are unacceptable and immediately dealt with,” wrote Lombardo. “We also provide employees with methods to report ethics concerns or violations, which are reviewed, investigated and responded to accordingly.” Lombardo described trainings on “legally protected rights” as “regular” and “substantive,” lasting longer than 15 minutes.

Of the lawsuits, she said, “Companies of our size do get sued. None of the litigation that you list has been determined to have merit. … We took the [May 2018] allegations very seriously and carefully investigated each of them. We did not find any of the allegations to be substantiated.”

It’s true that Smithfield Foods is not alone in facing sexual harassment suits. A survey of public records shows a number of suits against other industry giants like Tyson Foods, National Beef and Cargill Meat Solutions. The Koch Foods poultry plants in Morton, Miss., where about 680 workers were detained by Immigration and Customs Enforcement (ICE) in early August, settled a $3.75 million sexual and racial harassment lawsuit in 2018. The complaint alleged that supervisors “touched and/or made sexually suggestive comments to female Hispanic employees, hit Hispanic employees,” and then fired workers who complained.

But experts say that sexual harassment is typically underreported, not overreported. Across all industries, workers tend to stay silent because the risks of reporting often outweigh the benefits. The Equal Employment Opportunity Commission (EEOC) estimates that three out of four women who speak out about sexual harassment at work face punishment. According to Bernice Yeung, author of In a Day’s Work: The Fight to End Sexual Violence Against America’s Most Vulnerable Workers, workers like those in the meatpacking industry, who are disproportionately immigrants and tend to work for subsistence wages, are especially unlikely to report.

Undocumented workers are also especially likely to be harassed, Yeung says, and studies have found that workplaces with a high ratio of men to women have higher rates of harassment. Four in 10 U.S. meatpacking workers are women.

To date, there has been only one study of sexual harassment in the U.S. meatpacking industry, which employs 180,000 workers. In an informal 2009 survey of women in Iowa’s meatpacking plants by ASISTA Immigration Assistance and Iowa Coalition Against Sexual Assault, 85 percent said they had experienced or witnessed sexual violence at work.

GOBBLING UP THE PORK INDUSTRY

If you’ve ever purchased pork from a major super market, chances are good that it came from Smithfield. Smithfield owns 12 brands of bacon, ham, sausage, salami, chorizo, bologna, prosciutto, ribs, pepperoni and meatballs, which come labeled or whitelabeled (overlaid with the supermarket’s brand) at grocery stores in all 50 states, including Walmart, Sam’s Club and Target. Smithfield also supplies the pork for the McDonald’s McRib sandwich and Nathan’s hot dogs. With 40,000 workers in the United States, and more than 40 pork-packing plants across 20 states, Smithfield controls 26 percent of the U.S. porkprocessing market.

Founded in Virginia in 1936, Smithfield came to dominate the pork industry in the 1990s by mimicking what Tyson Foods did to the chicken industry in the 1980s. Smithfield bought up competitors and streamlined its production lines, driving small hog farmers out of business, writes journalist Christopher Leonard in The Meat Racket: The Secret Takeover of America’s Food Business. Smithfield similarly devastated small hog farms in Mexico, according to Chad Broughton’s Boom, Bust, Exodus: The Rust Belt, the Maquilas and a Tale of Two Cities. Between 1990 and 2005, Smithfield grew by 1,200 percent.

By the 1990s, the face of pork-packing in the United States had already shifted from the northern union strongholds of Milwaukee and Chicago (famously depicted in Upton Sinclair’s The Jungle) to the Southeast, where wages remained low and anti-union sentiment ran deep among conservative lawmakers. (North Carolina and South Carolina are tied for the lowest unionization rate in the country, at 2.7 percent.) In the mid-1990s, meatpacking companies actively recruited peasants in Veracruz, Mexico, driven off their land following the passage of NAFTA, to work without visas in North Carolina. Hundreds of migrants from Veracruz found work in Smithfield’s Tar Heel plant, according to a 2012 report in The Nation.

In 1993, Tar Heel workers launched a union campaign often described as one of the bitterest in modern U.S. history. Police in riot gear lined the entrance of the plant during a failed 1997 union election. Smithfield made “conscious efforts to pit African-American workers against Latinos and undocumented workers against those with legal status” to derail the drive, according to a Tufts University policy brief. (Smithfield’s Lombardo says that the company does not knowingly employ undocumented workers and “would never ‘pit’ any of our workers against one another.”) In 2008—after 15 years and two failed attempts—Smithfield workers in Tar Heel voted to unionize with the United Food and Commercial Workers (UFCW).

By 2005, one in four meat-processing workers were undocumented, according to the Pew Hispanic Center, and the Tar Heel plant was no longer majority African American and Native American, but predominantly Latinx. Following a series of ICE raids in the late 2000s, African Americans came to outnumber Latinxs once again in Tar Heel. Despite the industry’s reputation for grueling, male-dominated work, women make up nearly half the workers in departments at certain Smithfield plants, including bacon slice, cut floor and loin boning.

“TIME IS MONEY”

If Smithfield has failed to protect women from sexual harassment on its meatpacking lines, the reasons are closely linked to the demands of mass production. Plants that slaughter and process up to 35,000 hogs a day, like the Tar Heel plant, require a sophisticated level of coordination and worker control. Smithfield supervisors—typically men—face intense pressure and scrutiny from plant managers and superintendents (higher-level supervisors) to meet production quotas. One worker, Anna (who is a union steward and was comfortable using her real first name), says she is expected to cut a sirloin about every seven seconds on the loin-boning line.

Keith Ludlum, the former union president of the Smithfield plant in Tar Heel, tells me at his father’s chicken farm several miles down the highway that, “If a supervisor doesn’t meet their quota or they’re having issues, the superintendent takes them behind closed doors and reams them.”

Given the mediocre pay—roughly $56,000 a year, according to Glassdoor—and high pressure of supervisor jobs, Ludlum says, it’s difficult to retain people willing and capable of supervising production at Smithfield plants. (A college degree is preferred but not required for supervisors.) Because of this, he says, Smithfield’s human resources department often looks the other way when supervisors and superintendents harass or abuse workers on their lines. “The management is all about production—numbers,” he says. “They understand that they can’t have supervisors doing certain things, but if it’s something they can overlook because it’s a good superintendent who gets everything done, then they will do it.”

Monica (a pseudonym) is 47 and has worked at Smithfield since the late 1990s. Talking to HR “is like talking to that door,” she says, gesturing at the front door of an Arby’s and shaking her head as she sips a strawberry milkshake.

Monica measures out 12- and 16-ounce stacks of bacon moving down the assembly line for $16 an hour, and takes a daily cocktail of medications to ease the physical and emotional toll.

Monica says HR has repeatedly ignored complaints from her and her coworkers about their supervisor in the retail bacon department—one of the departments named in the 2018 lawsuits against the Virginia plant. The supervisor harasses new hires, especially young women, she says, asking them for their numbers and to go on dates, and telling them if they report it to upper management, he will deny it. He also gives “women he wants to sleep with” special perks like more approved absences, Monica says. Since our initial interview, Monica says this supervisor has been moved out of her department. Things have gotten better, she says.

Bathroom breaks are a point of tension between workers and supervisors. In October 2018, a video of a Smithfield worker unzipping his pants and peeing on the production line in Virginia went viral, sending the internet into brief outrage over Smithfield’s health standards. Anna, the shop steward, says Smithfield asks line workers at the Tar Heel plant to request bathroom breaks 30 minutes in advance. “Since we’re in production, time is money,” she says. “It’s ridiculous. How am I supposed to know if I need to go to the bathroom in 30 minutes?”

As for absences, meatpackers at the Virginia plant are only allowed six each year. Workers are fired for missing work due to unavoidable circumstances such as extreme weather conditions or illness, even if documented with a doctor’s note, according to testimony from several workers.

“I’m so sick of that place; I don’t know what to do,” says Monica. Her friend, who also works at Smithfield, nods along. Smithfield denies all of the workers’ allegations of harassment and unfair bathroom break and leave policies, saying the company complies with OSHA and FMLA regulations.

A few workers said they are happy with their jobs at Smithfield. For those who were not, such as Monica, the thing keeping them there was, of course, money. The union plants pay line workers between $14 and $18 an hour with benefits, an improvement from the $7.25 minimum wage offered at many of the fast-food restaurants and dollar stores prevalent in the rural Southeast that hire workers out of high school.

“BLOOD, SWEAT AND TEARS”

Beyond sexual harassment and strict break and leave policies, the demands of meeting production quotas and keeping up the line speed have physical implications.

Several of the women interviewed by In These Times had undergone hand surgeries. Anna began working at a Smithfield plant two-and-a-half years ago, after divorcing her husband on the West Coast, where she worked on an Army base. Anna cuts pork sirloins on the loin-boning line and has had her hands operated on twice for carpal tunnel and once for trigger finger, surgeries that were covered by workers’ compensation. She soaked her hands in Epsom salts at night to ease the pain. Before the surgeries, “my pain was excruciating,” she told me, running her fingers over a long scar on the palm of her hand at her apartment on the edge of a sprawling city in North Carolina.

Some Smithfield injuries have been fatal.

On Oct. 9, 2018, Michael Jessup, a 55-year-old mechanic at the Tar Heel plant, was repairing a conveyor belt when he died from “a puncture wound to the sternum area,” according to a report from the local sheriff’s office. Smithfield’s Lombardo called this description “inaccurate” (but was unable to provide further detail) and stressed that Smithfield has “consistently outperformed our industry peers” on safety.

“One thing I have learned in dealing with all of this is no one actually gives a fuck, and no matter how hard we work, no matter the blood, sweat and tears, no one cares,” Jenny wrote to In These Times. “The buck will always be passed and the poor person will always lose.”

Carol Adams, author of The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory and a feminist scholar who has written extensively on the meat industry, sees the devaluation of lives at Smithfield—both those of hogs and those of workers—as closely linked forms of capitalist exploitation. “There’s a numbing effect in meatpacking work that benefits the producer,” Adams says. “The entire plant is about not caring. It’s the industrial model of alienation from yourself and your coworkers, so you can do that work.”

Ludlum, the former union president at the Tar Heel plant, agrees: “When you’re used to seeing dead animals, animals killed, animals coming in mutilated, crippled, blood, guts, meat—when you see this every day, you become somewhat numb, even to your coworkers. It amazes me what the human mind will accept.”

A KAFKAESQUE COMPLAINT SYSTEM

To get around unresponsive HR departments, workers can file complaints with the EEOC, the federal agency tasked with enforcing sexual harassment laws in the workplace, as the nine women at the Smithfield, Va., plant did.

But workers in low-wage industries often decide that the emotional and logistical costs of filing a complaint with the EEOC outweigh the potential gains.

“It’s a big commitment of time,” says Anna Park, the lead EEOC lawyer in the Los Angeles area who represents low-wage workers in sexual harassment cases. “If you’re worried about your next paycheck and feeding your family, this is not your priority. Low-skilled workers are less likely to come forward. They feel like they won’t be believed, or that they’ll be retaliated against.”

“Bureaucracy is the key word with the EEOC,” says Bernice Yeung. “The EEOC is really dedicated to working with low-wage workers. They’ve done lots of training with employers who hire low-wage workers, but attorneys and workers have been frustrated with how long the legal process takes.”

Since 2016, sexual harassment complaints filed with the EEOC have increased by 12 percent, largely in response to the #MeToo movement. But more than half of these cases are dismissed by the EEOC for lacking “reasonable cause”—sufficient evidence for the agency to take on a case. That determination can take months. The EEOC requires evidence that harassment occurred, which can include formal complaints or testimony from witnesses. The agency also assesses the credibility of the accuser and the witnesses. At the same time, it investigates whether an employer properly handled a case— whether it kept records and interviewed the alleged abuser and other witnesses. Of cases the EEOC does take, most settle without going to trial.

Critics complain that the EEOC deters victims of sexual harassment from filing lawsuits and puts pressure on workers to settle out of court—which nearly always involves nondisclosure agreements that some argue protect employers and silence victims.

Yeung says that some women in low-wage industries initially felt left out of the #MeToo movement despite their own decades of struggle against sexual harassment. “When #MeToo started, it was women in glamorous professions, and there was a sense of frustration especially among [lowwage workers],” she says.

Over time, #MeToo has become more inclusive and picked up traction among unions and worker centers representing low-wage workers, Yeung says. “We’re seeing an expansion of the conversation. We’re seeing hotel workers, domestic workers, janitors and the Coalition of Immokalee Workers taking the initiative to demand change.”

POWER IN A UNION

Unions can provide an important mechanism for defending workers who are sexually harassed by their supervisors. Contracts can include language protecting workers from sexual harassment, allow workers to file grievances, mandate sexual harassment training for supervisors and require that employers create antiharassment policies. Union stewards can then be selected and trained to handle sexual harassment grievances and encourage workers to speak out.

But whether sexual harassment policies and protections are effective in protecting workers varies by union local and is largely determined by the local’s culture.

“The biggest challenge is in traditionally male industries,” says KC Wagner, director of workplace issues at Cornell University’s labor school, who leads sexual harassment trainings around the country. “Unions are just a microcosm of our culture, and even if women are in leadership positions, the cultural norm is such that these traditions of harassment are not being taken seriously.”

Ludlum says that, when he was president of his local in Tar Heel, he would receive complaints about supervisors inappropriately touching women and bring them before management, at least once resulting in a supervisor being moved out of the department. (Ludlum, a leader of the initial union drive, was removed from the presidency in 2015 after a UFCW audit found that he had embezzled $216,344 from the union. Ludlum disputes the charges and has sued UFCW for defamation.)

Leadership at the UFCW and Teamsters locals representing Smithfield workers in North Carolina and Virginia, respectively, did not return calls to speak about sexual harassment at their plants. A press spokesperson for the International Brotherhood of the Teamsters said only that the Smithfield local “works closely with our members … to ensure a safe, harassment-free work environment.” The current UFCW contract at the Tar Heel plant does not have a clause about sexual harassment; In These Times was unable to obtain a copy of the Teamsters contract.

But Anna, the UFCW steward at the Tar Heel plant, did tell In These Times that women stewards at the plant have begun monthly meetings to discuss sexual harassment prevention. She also says she recently assisted in a sexual harassment complaint. Smithfield Foods’ Lombardo says that it has received no “recent or pending” sexual harassment grievances from unions at any of its plants.

Some of the Tar Heel workers interviewed were grateful for UFCW’s work fighting for fired workers. Thanks to the union, one worker said, she was rehired with 3.5 months back pay after a wrongful termination.

Several workers interviewed at the Virginia plant, however, complained that their Teamsters union only served to drain their paychecks. Monica doubts the union leadership’s willingness to fight for workers on sexual harassment issues, or any other concerns. “They don’t pick up the phone, and half the time they don’t call you back,” she says. Monica and another worker interviewed had opted out of the union entirely, which was possible because of Virginia’s right-to-work law.

The union “don’t do too much of nothing,” says Michelle (a pseudonym), a 47-year-old with chronic health issues. She says she was fired from the Virginia plant in November 2018 after leaving early during a vertigo spell. She cites her frustration over the six-day absence policy, saying she had been written up for arriving late to work after her nephew’s funeral. She says the union did not help her get her job back. Getting written up for an absence is “at the discretion of the supervisor,” she says. “If you’re not chummy with the supervisor, you really don’t have a job. … But life happens. … People get sick.”

KC Wagner says that many unions across the country are making enormous strides to educate workers about sexual harassment, beginning to treat it as a “breadand-butter issue” alongside wages, benefits and job security. In the wake of #MeToo, the AFL-CIO led the way with a wealth of resources, workshops and campaigns for members to implement at the local level.

“In an anti-union climate, it’s incredibly important for unions to seize this [#MeToo] moment,” Wagner says.

Esther Lopez, a former secretary treasurer of UFCW International, says the union offers sexual harassment trainings to locals across the country, including workshops for union stewards on how to handle sexual harassment grievances. But they remain optional for locals, which have autonomy over their membership policies. Lopez says that bringing women into leadership roles is critical to shifting union culture around sexual harassment. She also stresses that making workers aware of their rights and writing stronger sexual harassment clauses into contracts can protect workers.

“There’s no question some local unions do it better than others,” says Lopez. “But frankly, we applaud exposing sexual harassment in the workplace. We are very clear that the contract should be used to the fullest extent to prevent against sexual harassment.”

Michelle, who worked on a bacon slicer, checking for stray pieces of bone, says, “The union gets your money and they don’t help you out. It’s a load of hogwash.”

She says that, due to health issues, she hasn’t been able to find a job since she was fired. “It’s a ‘good old boys’ system in there,” she says of Smithfield. “If you’re not young and cute and shapely and you don’t grin in their face, then they don’t like you.

“You got Harvey Weinstein up there, but you also got Smithfield, and that’s a billion-dollar industry,” she said during a conversation with In These Times in early 2019. “They kept a supervisor there who’s a harasser because he was turning out the numbers. Come on now. That’s a shame.”

This blog was originally published by the InTheseTimes on October 7, 2019. Reprinted with permission. 

About the Author:Lauren Gurley is a contributing writer to Rural America In These Times. She has previously contributed to the American Prospect, Quartz, and the South Side Weekly.  She graduated from the University of Chicago in June 2015 with a degree in Comparative Literature. You can follow her on Twitter: @laurenkgurley.


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Scalia’s challenge: Fiery old writings in a new era of #MeToo

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Ian Kullgren March 9, 2018. (M. Scott Mahaskey/Politico)

Two decades before being nominated as President Donald Trump’s Labor secretary, Eugene Scalia was at war with the lion of the Senate.

In 2001, Sen. Ted Kennedy, the Democratic chairman of the Health, Education, Labor and Pensions Committee, expressed skepticism of then-President George W. Bush’s decision to nominate Scalia as the Labor Department’s top legal official. In his opening statement at Scalia’s confirmation hearing, Kennedy criticized a 1998 essay in which Scalia said that a form of workplace sexual harassment known as quid pro quo “should be eliminated as a functional category of discrimination” under the law.

But Scalia had a formidable ally: Ruth Bader Ginsburg, the Supreme Court justice and close friend of fellow Justice Antonin Scalia, Eugene Scalia’s father. In a letter to the committee, Ginsburg said the younger Scalia’s essay was “written with refreshing clarity and style. It is informative, thought-provoking, and altogether a treat to read.”

“She thought very highly of him. Ruth appreciates good lawyering,” Bill Kilberg, a partner at Gibson Dunn who considers both Scalia and Ginsburg close friends, said in a phone interview.

Scalia’s strongly worded essay is among key pieces of his record set to resurface as he faces confirmation in a #MeToo world. His views aired in that hearing 18 years ago were just a small piece of a career-long commitment to conservative legal theory and a penchant for rhetorical flair that echoes his father — but also present a potential liability in the Senate, which is more discerning toward sexual harassment issues than it was two decades ago.

“The Senate’s changed dramatically in the years since that confirmation hearing occurred,” said Jim Manley, Kennedy’s press secretary at the time and later a senior strategist for Senate Majority Leader Harry Reid. “What may not necessarily be a big deal then could be a big deal this time around. The people have changed and the issues have changed over the years, and he’s going to get some scrutiny on this.”

Scalia has represented a range of corporate clients in complaints related to workplace sexual harassment. As recently as 2015, he briefly worked for the global bank HSBC in a case involving current and former employees who accused a senior executive of repeated and unwanted sexual advances. Trump announced Scalia’s nomination last Thursday — a week after the ouster of Alex Acosta, who resigned amid scrutiny over his role in brokering a 2008 plea deal with wealthy sex offender Jeffrey Epstein, arrested in New Jersey earlier this month on new charges of sex trafficking.

Some liberal groups have already seized on Scalia’s prior writings, arguing they should disqualify him from serving in Trump’s cabinet. Allied Progress director Derek Martin said Scalia “may be a gifted legal mind, but his moral compass clearly needs some calibration.”

“The Senate should reject this nominee and demand a Labor secretary who will look out for all Americans in the workplace, not just the ones that sign the checks,” Martin said.

Scalia’s nomination was quickly celebrated by conservatives who see him as a warrior against regulations and a defender of business freedom.

“The confirmation process has gotten so silly that people will make something out of the most ridiculous things and attempt to block a nominee, but I will tell you that I know Gene Scalia would never tolerate sexual harassment in the workplace,” added Helgi Walker, a longtime colleague of Scalia’s at Gibson Dunn.

Scalia was narrowly approved by the Senate panel in 2001, despite the controversy stirred by his previous writings on sex discrimination. He was appointed to the position four months later during the Senate’s recess after Democrats, who controlled the upper chamber, refused to hold a confirmation vote.

The 7,000-word opinion piece, which Scalia published in the Harvard Journal of Law and Public Policy, a common resource for conservative legal scholarship, was cited by the Supreme Court in Burlington Industries v. Ellerth, a case that sought to clarify the legal exposure companies face amid instances of sexual harassment. The decision came a little over a year after the justices decided Clinton v. Jones, another landmark case involving former Arkansas state employee Paula Jones’ sexual harassment claim against then-President Bill Clinton.

In the essay, Scalia does not endorse leniency for harassers. But he does argue that quid pro quo harassment, the illegal practice of soliciting sexual favors in return for professional advancement, shouldn’t be distinguished from generalized harassment in the workplace.

“His point was only that employers should be liable and you don’t need a new doctrine to make it liable,” Kilberg said.

Scalia declined to comment on the record. White House spokesperson Judd Deere said his “past experience in the federal government … makes him the right choice to lead the [Labor] department.”

“Eugene Scalia is one of the most experienced and respected labor and employment lawyers in the country, which is why President Trump has expressed his intent to nominate him,” Deere added.

Still, many of the passages in Scalia’s essay — though part of a larger and more complex legal argument — are likely to draw criticism from opponents.

“Saying ‘You’re an incompetent stupid female bitch’ a single time is not actionable environmental harassment,” Scalia wrote in one of his most emphatic lines. “Why should suit lie for saying ‘I don’t have time for you right now, Kim, unless you tell me what you’re wearing,’ a statement that Judge Flaum found to be a quid pro quo proposition in his Jansen opinion?”

Kennedy and his Democratic colleagues accused Scalia of arguing that employers should not be liable when executives or supervisors promise perks and promotions in exchange for sexual favors, or when they threaten adverse employment actions if a subordinate declines to engage in sexual activity.

“[Scalia] has said that employers should not be strictly liable in sexual harassment cases unless they expressly endorse the conduct of the harasser,” Kennedy (D-Mass.) said in his opening statement, according to a transcript of the confirmation hearing. (Kennedy died in 2009.)

To combat the onslaught of criticism from their Democratic colleagues, the panel’s Republican members frequently referred back to Ginsburg’s letter.

“I do not think she would have written that if she thought you were off the world somewhere in your views on that,” then-Sen. Jeff Sessions (R-Ala.) said of Ginsburg, whom he referred to as “the most ardent defender of women’s rights on the U.S. Supreme Court.”

Scalia ultimately overcame the controversy in 2001 and was approved by the Senate panel 11-10, with Vermont independent Jim Jeffords casting the deciding vote.

When Scalia started his new job, he boasted the essay as one of his top legal writings on the Labor Department website.

Rebecca Rainey contributed to this report.

This article was originally published by Politico on July 12, 2019. Reprinted with permission. 

About the Author: Ian Kullgren is a reporter on POLITICO’s employment and immigration team. Before joining POLITICO, he was a reporter for The Oregonian in Portland, Ore. and was part of a team that covered a 41-day standoff with armed militants at the Malheur National Wildlife Refuge. Their efforts earned the Associated Press Media Editors grand prize for news reporting in 2017. His real beat was politics, though, and he spent most his time at the state capitol covering the governor and state legislature.

About the Author: Gabby Orr is a White House reporter for POLITICO. She previously covered Donald Trump’s ascension to power for the Washington Examiner, from the day he announced his campaign to his transition to the White House. She spent one month in 2016 embedded in New Hampshire, where she covered several Republican candidates prior to the state’s first-in-the-nation primary. Orr has also worked for The New York Post and Fox News’ digital platform. Originally from Sonoma, Calif., she graduated from George Washington University in 2015 with a degree in political science.


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Letter details ‘severe’ sexual harassment at AccuWeather under Trump’s pick to lead NOAA

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President Donald Trump’s nominee to head the National Oceanic and Atmospheric Administration (NOAA) ran a family company in which employees were subjected to “widespread” and “pervasive” sexual harassment, according to an investigation by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP).

The investigation concluded that AccuWeather, the company then run by Trump nominee Barry Lee Myers, had a culture of sexual harassment and discrimination that included unwanted touching and kissing by a male executive, according to a letter obtained by ThinkProgress via a Freedom of Information Act request.

Women who engaged in sexual relationships with senior male managers were rewarded with “job-related perks,” the OFCCP letter concludes. Many women resigned rather than submitting to the harassment, while others feared being “blacklisted” if they filed complaints, the January 2018 letter states.

Although they were aware of the issue, AccuWeather officials “did not take reasonable action to prevent and remedy harassing conduct,” the letter says.

At the time the alleged incidents occurred, Myers was the chief executive officer of AccuWeather, which he ran alongside his two brothers.

In January of this year, Trump nominated Myers — for the third time — to lead NOAA. The revelations about the investigation into AccuWeather raise concerns about the nomination, particularly in light of NOAA’s history of sexual harassment issues.

“AccuWeather clearly denied the allegations and claims raised after the audit, and we continue to deny the allegations and claims,” Rhonda Seaton, director of marketing communications at AccuWeather, told ThinkProgress on Saturday. Seaton added that AccuWeather cooperated fully with the OFCCP workplace audit, and listed several workplace initiatives she says it has put in place to ensure a “welcoming, inclusive, empowering” culture.

The OFCCP letter to AccuWeather is known as a Notification of Results of Investigation. It details the findings of the department’s investigation into a 2016 complaint regarding a hostile work environment at the company.

AccuWeather, a government contractor subject to the federal Civil Rights Act, settled with the department, agreeing in June 2018 to pay $290,000 in claims to more than 35 women, as the Center Daily Times revealed in February.

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The OFCCP investigation was prompted by a complaint alleging that AccuWeather violated its obligations under the nondiscrimination and affirmative action provisions of its federal contracts by “creating and enabling a hostile work environment by subjecting employees to unlawful harassment based on their sex and sexual orientation,” according to the letter.

The complainant also alleged she was terminated “because of her sex and sexual orientation.”

The letter details specific allegations of “[h]arassment perpetrated by a male executive and another male manager by ostracizing [redacted] from her work’s group; excluding her from meetings and emails, and making day-to-day activities extremely difficult, including the use of profane and sexually explicit name-calling by an executive when referring to [redacted] and obscene references to [redacted] sexual orientation in communication with other employees.”

This sort of treatment, however, was not exclusive to one employee, the letter states. Over the course of its investigation, the OFCCP found “widespread sexual harassment” at AccuWeather.

More than two dozen witnesses “spanning many different departments and in positions ranging from administrative support to senior management described unlawful sexual harassment that occurred at the company,” the OFCCP wrote.

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“This sexual harassment was so severe and pervasive, that some female employees resigned,” the letter states. The investigation also confirmed that “AccuWeather was aware of the sexual harassment but took no action to correct the unlawful activity.”

AccuWeather said it was “unaware of any harassing activity,” according to the letter. It also pushed back against findings that it had a widespread, hostile work environment toward women, “arguing these allegations were outside the scope of OFCCP’s investigation.”

Neither the White House nor Myers responded to requests for comment.

At the time the investigation took place, AccuWeather’s 18-person executive team was all men except for the vice president of human resources. The company was led by three brothers: Joel Myers, founder and president; Evan Myers, chief operating officer; and Barry Myers, chief executive officer.

According to OFCCP, AccuWeather’s policy manual directed employees who wished to lodge a complaint regarding sexual discrimination to file an informal complaint with the company’s Ombudsman Committee. “At the time of the investigation, however,” the OFCCP letter states, “the Ombudsman Committee did not exist and had not been active for over two years.”

Trump again nominated Myers in January 2018, but the Senate did not vote on his nomination in time. He has now been nominated to the position for a third time.

Between his second and third nomination, Myers resigned from AccuWeather and sold his shares in the company. It was also during this time that the company settled its sexual harassment claims.

Although it is unclear how much Myers was involved in or aware of the sexual harassment incidences described by the Labor Department, he was head of the company during the time the incidents allegedly occurred and at the time the company agreed to pay the hefty settlement. As part of the settlement agreement, AccuWeather pledged it would create a workplace culture that did not tolerate harassment or discrimination.

Earlier this month, Myers’ nomination was approved by the Senate Commerce Committee; it is now up to Senate Majority Leader Mitch McConnell (R-KY) to call a floor vote.

The full Senate typically does not question nominees once committees have approved them.

If Myers is confirmed, he will head a government agency that — like AccuWeather — has faced allegations of sexual harassment and, after years of inaction, took concrete steps to improve the work environment.

In September 2015, a NOAA oceanographer complained that she had been repeatedly harassed aboard government scientific research vessels.

“Try operating a half-million-dollar shipboard gyrocompass and multibeam sonar system while the captain of the boat shoves a meter stick between your legs, asking, ‘Are you moody because it’s that time of the month?’” Julia O’Hern described in a Washington Post op-ed.

But even though O’Hern reported some of the incidents to her superiors, she says NOAA ignored the allegations.

Instead of addressing the harassment, O’Hern wrote, a NOAA official suggested “that I should have just walked off the boat and refused to work. Of course, their employee had already threatened to fire me if I refused to work or spoke to anyone, and the whole point was that I wanted to do my job, not quit.

“It was soul-crushing to realize that I was expected to endure sexual harassment at sea as though it was no different than rough waters or long hours,” O’Hern wrote.

By the end of that year, both the House and Senate unanimously passed the “National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Act,” which then-President Barack Obama signed. The law required NOAA develop a policy to prevent and respond to sexual assault and harassment.

This article was originally printed at ThinkProgress on April 13, 2019. Reprinted with permission.

About the Author: Kyla Mandel is the deputy editor for the climate team. Her work has appeared in National Geographic, Mother Jones, and Vice. She has a master’s degree from Columbia University’s Graduate School of Journalism, specializing in science, health, and environment reporting.


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Trump has a habit of hiring people with histories of sexual misconduct. Herman Cain is the latest.

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President Donald Trump has recommended another man who has been accused of touching women without their consent for a major government position.

Trump announced last week that he has settled on Herman Cain, a former Godfather’s Pizza executive, for a seat on the Federal Reserve Board. Cain ended his 2012 presidential bid after four women came forward with sexual harassment allegations against him.

One of the women, Sharon Bialek, said Cain asked her for sex when she sought his help finding a job in 1990s. According to Bialek, he said, “You want a job, right?” as he ran his hand up her skirt. Karen Kraushaar, another woman who publicly spoke out, said Cain groped her in the 1990s.

Cain, who hasn’t yet been officially nominated by Trump, has denied these allegations. On Friday, he said in a since-deleted video on Facebook that he would “be able to explain [the allegations] this time, where they wouldn’t let me explain it the last time. They were too busy believing the accusers,” according to Marketwatch.

Cain’s nomination fits into a disturbing pattern for Trump. He has repeatedly nominated men who have been accused of sexual assault, sexual harassment, and intimate partner abuse to top positions in his administration. Others have enabled sexual violence and harassment even if they did not personally commit it themselves.

During the Obama administration, significant negative media reports and criminal accusations about cabinet nominees “would be flagged for further scrutiny,” and sexual assault allegations “would be a serious red flag,” a former Obama staffer who vetted appointees told ProPublica in 2017. But this White House has nominated and hired so many people accused of sexual violence and abuse to top positions that it’s not clear the Trump administration is taking the same approach.

The failure to take sexual assault and intimate partner abuse seriously is also evident in the administration’s policy decisions. Education Secretary Betsy DeVos has taken steps to loosen accountability for accused rapists on college and high school campuses, for example, and the administration’s current immigration policies make victims of intimate partner too scared of deportation to come forward.

Brett Kavanaugh

Despite at least three accusations of sexual misconduct, Brett Kavanaugh was nominated and confirmed to the Supreme Court last year.

After Trump tapped Kavanaugh to fill the seat vacated by Anthony Kennedy, Christine Blasey Ford canme forward to accuse Kavanaugh of forcing her into a bedroom, along with his friend Mark Judge, at a small gathering in the 1980s. She told The Washington Post that Kavanaugh pinned her down to the bed while he tried to remove her bathing suit and other clothing and that when she tried to scream, he covered her mouth with his hand. After Judge jumped on them, Blasey Ford said she managed to escape the room.

Other women then came forward with similarly troubling stories. Deborah Ramirez told The New Yorker that Kavanaugh thrust his penis in her face at a party when the two attended Yale University. Julia Swetnick said in a sworn declaration that when Kavanaugh was in high school, he participated in “abusive and physically aggressive behavior toward girls” such as grinding against girls without their consent, trying to remove or shift girls’ clothing to expose private body parts, and making crude sexual comments.

Swetnick also said Kavanaugh was among the boys lined up to participate in gang rapes at house parties. She said she was once the victim of a gang rape; she said Kavanaugh was present when she was assaulted, but did not say he participated in it.

Though he was confirmed by one of the slimmest margins in history, Kavanaugh is now sitting on the nation’s highest court, where he can shape laws that affect victims of sexual assault.

Rob Porter

White House aide Rob Porter resigned last year after the media reported on his alleged spousal abuse.

Porter struggled to obtain a security clearance to work at the White House because of allegations of domestic violence, according to CNN. Two of Porter’s ex-wives, Colbie Holderness and Jennifer Willoughby, told CNN they experienced abuse at his hands.

Holderness, who married Porter in 2003, said the physical abuse began during their honeymoon. She said he would later being to choke her and punch in her the face, and she pointed to a 2005 photo of her bruised face as proof.

Willoughby, who married Porter in 2009, said he yelled at her and was emotionally abusive. A year after they first got married, she said he pulled her out of the shower by her shoulders so he could yell at her.

A third woman, who contacted Holderness and Willoughby in 2016 claiming to be a girlfriend of Porter’s, said he also abused her.

Porter publicly re-emerged in March when he wrote an op-ed for The Wall Street Journal praising Trump’s trade policies. The Wall Street Journal did not acknowledge why Porter left the administration. In response, Willoughby wrote in The Washington Post that although she supports rehabilitation for men who commit intimate partner abuse, “Rob has yet to publicly show regret or contrition for his actions. Giving him a voice before he has done that critical work elevates his opinions above my and Colbie’s dignity.”

Steve Bannon

Steve Bannon, who led Trump’s presidential campaign and served as White House Chief Strategist for the first seven months of Trump’s term, faced charges of domestic violence in 1996.

According to police department documents published by Politico shortly before the 2016 election, while Bannon was seated in the driver’s seat of his car, he grabbed his wife’s wrist and “pulled her down, as if he was trying to pull her into the car over the door.” He then “grabbed her neck, also pulling her into the car.” When she escaped and went inside the house to call 911, Bannon allegedly took the phone from her and threw it across the room, which she said later found in pieces. The police officer who responded to the incident wrote that “she complained of soreness to her neck” and “I saw red marks on her left wrist and the right side of her neck.”

Bannon was charged with misdemeanor domestic violence, battery, and dissuading a witness. The case was later dismissed. His ex-wife said in a divorce filing that Bannon persuaded her to leave town and told her that if she went to court, he and his lawyer would “make sure that I would be the one who was guilty.”

Bannon left the administration in 2017, but many of the policies he pushed for are still in place.

Andrew Puzder

Trump nominated Andrew Puzder for secretary of labor, but Puzder dropped out after a video resurfaced of his ex-wife, Lisa Fierstein, appearing on a 1990 episode of The Oprah Winfrey Show called “High Class Battered Women.”

“Most men who are in positions like that don’t leave marks,” Fierstein said on the show.
“The damage that I’ve sustained, you can’t see. It’s permanent, permanent damage. But there’s no mark. And there never was. They never hit you in the face. They’re too smart. They don’t hit you in front of everyone.The judicial system would say that. Were there any witnesses? No, come on. They know better.”

After Politico reported the story, Fierstein sent a letter to members of the Senate Health, Education, Labor and Pensions Committee in February. She said she regretted leveling abuse charges against Puzder and going on television.

“What we should have handled in a mature and private way became a contentious and ugly public divorce,” Fierstein said. The attorney who represented her at the time, Dan Sokol, said that Fierstein described an “ongoing pattern with several episodes of physical violence.”

Although Politico reported in 2018 that Puzder would possibly be offered a new White House role, there have been no new reports that he is under consideration for joining the Trump administration.

Steven MuĂąoz

The Trump administration hired Steven MuĂąoz for a State Department job as assistant chief of visits, which he began in January 2017. MuĂąoz was tasked with organizing visits for foreign heads of state, and sometimes their meetings with Trump himself.

According to a ProPublica story published in 2017, five men who attended The Citadel military college said MuĂąoz sexually assaulted them. One student said he woke up to MuĂąoz on top of him and said MuĂąoz kissed him and grabbed his genitals. More than a year after he graduated, MuĂąoz was banned from campus.

In 2012, BuzzFeed News and Huffington Post also reported on the allegations against MuĂąoz.

Muñoz, who previously worked for Mitt Romney and Rick Santorum’s presidential campaigns, still lists himself as assistant chief of protocol for visits on his LinkedIn page.

President Trump

Trump has been accused of multiple incidences of sexual predation stretching back to the 1970s — many of which line up with the behavior toward women that Trump himself has described engaging in.

“You know I’m automatically attracted to beautiful—I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait,” Trump said in a 2005 tape for Access Hollywood that was published just a few weeks before the 2016 election. “And when you’re a star, they let you do it. You can do anything. Grab ’em by the pussy. You can do anything.”

At least 23 women have come forward with allegations of Trump’s sexual misconduct, many of whom decided to publicly come forward during his presidential campaign. They include a woman who says Trump touched her vagina through her underwear at a nightclub, a woman who says Trump forcibly kissed her during a brunch at Mar-a-Lago, and many other women who say Trump groped and kissed them without their consent.

Trump picks who perpetuate systems of violence and abuse

There are many other Trump nominees and hires who have not personally been accused of sexual harassment, sexual violence, or intimate partner abuse, but who have nonetheless enabled a culture that condones it.

Labor Secretary Alex Acosta — Trump’s second pick after Puzder — signed a secret plea agreement with billionaire sex offender Jeffrey Epstein while serving as U.S. attorney for southern Florida. In February, District Judge Kenneth A. Marra ruled that Acosta’s decision to not make Epstein’s accusers aware of the plea deal was unconstitutional. A House appropriations panel grilled him about the deal in April, but Acosta continues to lead the department.

In 2018, the White House hired Bill Shine, a former Fox news executive, as the president’s top communications aide. Shine landed in the Trump administration after leaving Fox News amid a sexual harassment scandal at the network. He was accusedof trying to cover up a culture of harassment at Fox and mishandling allegations.

Lt. Gen. H.R. McMaster, whom Trump chose as his national security adviser in 2017, was also accused of mishandling a sexual assault case. After the Army investigated the incident, McMaster received a rebuke in 2015 for his oversight of the situation.

Barry Myers, whom Trump nominated in 2017 to lead the National Oceanic and Atmospheric Administration, was the chief executive of a family weather company called AccuWeather. An investigation into AccuWeather conducted by the Office of Federal Contract Compliance Programs found that the company subjected women to sexual harassment, and the company paid $290,000 as part of a settlement. Myers’ initial nomination to head NOAA expired after the Senate failed to confirm him last year, but he’s now up for the same position again.

This article was originally published at ThinkProgress on April 9, 2019. Reprinted with permission. 

About the Author: Casey Quinlan covers policy issues related to gender and sexuality. Their work has also been published in The Establishment, Bustle, Glamour, The Guardian, Teen Vogue, The Atlantic, and In These Times. They studied economic reporting, political reporting, and investigative journalism at the CUNY Graduate School of Journalism, where they graduated with an M.A. in business journalism.


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Time’s Up: Time to Reconsider the “Severe and Pervasive” Standard for Sexual Harassment

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“The #MeToo and Time’s Up movements constitute a revolution in women’s rights that is too powerful to be turned back,” said Roberta Kaplan, co-founder of the Time’s Up Legal Defense Fund, in October 2018. But a recent Seventh Circuit decision (Swyear v. Fare Foods Corp.) dismissing an employee’s sexual harassment claim could jeopardize the momentum of the revolution.

On June 18, 2015, Fare Foods interviewed Amy Swyear for an outside sales representative position. During the interview, a hiring manager remarked that most of the other outside sales reps were men. He questioned Swyear about her ability to perform in a male-dominated field. The manager’s comments only hinted at what Fare Foods had in store for Swyear.

At the office, Swyear frequently overheard her new coworkers making crude sexual remarks and referring to female customers as “Cunty” and “Big Tittie.” Working in the field proved to be worse. In mid-July, Swyear and another sales representative, Russell Scott, attended an out-of-town overnight business trip. During a conversation with the client, Scott falsely implied that he and Swyear were sharing a hotel room.  At the hotel, Scott followed Swyear into her room and suggested that they have dinner together. Scott followed Swyear into her room without consent, got in her bed and said he wanted a “cuddle buddy.” He asked Swyear to go “skinny dipping” with him and put his hands on her lower back and arms. Scott eventually left Swyear’s hotel room, but he later returned. Swyear pretended to be in the shower and ignored Scott’s knocking. But Scott would not relent. He repeatedly called Swyear’s cell phone, demanding to enter her room.

Swyear reported Scott’s harassment during a performance meeting about one week later. Less than one month after the meeting, Fare Foods terminated Swyear’s employment.

The Seventh Circuit concluded that the harassment was not sufficiently severe and pervasive to constitute a hostile work environment and entered summary judgment for Fare Foods. The court forgave the “crude,” “immature,” and “vulgar” sexual comments because they were “off-hand” and not directed at Swyear. Similarly, Judge Bauer, writing for the court, excused Scott’s unwelcome sexual comments, advances, and touching because it occurred just once. The court’s decision indicates that, absent physical sexual assault, an employee cannot meet his/her burden to show a ‘severe and pervasive’ hostile work environment.

Essentially, the court’s decision gives employers a free pass for egregious sexual misconduct, as long as it only happens once. But one time is one too many. The #MeToo movement has helped thousands of sexual harassment victims get justice against their harassers. Unfortunately for Amy Swyear, the Seventh Circuit has yet to realize the effects of the movement. But worse, it may have set a dangerous precedent for future sexual harassment claims.

About the Author: Krista Wallace is an Associate Attorney at Alan Lescht and Associates, P.C. in Washington, D.C. Alan Lescht and Associates, P.C., has partnered with the Time’s Up Legal Defense Fund to represent private and public-sector workers in federal court proceedings and before administrative agencies.


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