WorkersCompensation.com's CompNewsNetwork: COLORADO Correctional Facility EEOC Charges for Discrimination Settled

COLORADO Correctional Facility EEOC Charges for Discrimination Settled
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Republished with permission from ReduceYourWorkersComp.com on 14 October, 2009 11:34:21
 
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. This is important
because while it's not true in every case and may not be the case for this
facility, in many cases there is a high correlation between high workers' comp
claims costs and other claims due to the fact that risk management practices
are not proactive. When implementing proactive measures to preclude further
EEOC claims, include other employment-related risk management practices such as
workers' compensation cost containment. In situations such as this, there is a
possibility of mental/stress or other workers' comp claims.
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.
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: Rebecca Shafer, J.D. consults for mid-market and national accounts
focusing on project management, risk management assessments, data review,
benchmarking, and development of Workers' Compensation and Injury Management
Programs. Projects focus on development of training and education programs,
document design, evaluation and integration of insurance claims administration
and TPA services. Contact her are: RShaferB@ReduceYourWorkersComp.com
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