Unfortunately, women too often find themselves subject to sexual harassment in their workplaces. In fact, the National Sexual Violence Resource Center says that roughly 81% of women across the United States have suffered sexual harassment at some point. Much of that happens in the workplace.
As a result, many women wonder whether they should report the harassment they face. Some may even wonder if they should file a lawsuit. Unfortunately, many of the women who could, and likely should, file complaints and lawsuits choose not to. They suffer in silence, likely doubting that their efforts could make a difference. After all, what does a harassment suit look like? What does it take to win one?
Fortunately, we have some answers to those questions in the form of a recent example. Though the case has not yet concluded, some Kentucky news agencies have picked up on the story of the woman who sued the Georgetown-Scott County Airport and her former manager.
A look at the harassment
As WKYT reported, Haley Scott worked at the airport as a line agent. Her manager, Scott Hampton, was a married man at least 30 to 40 years older than her. For more than half a year, Hampton made inappropriate remarks, asked Miss Scott why she didn’t have a boyfriend, made unwanted physical contact and used racist and misogynistic language around her.
When she told Hampton his advances were unwelcome, he started to isolate her. He treated her differently than all her peers. Her peers even commented that they saw he was treating her differently.
At length, Miss Scott could no longer endure the treatment, so she brought her concerns to the airport’s manager. The manager spoke to Hampton, who then became angry. Miss Scott also wrote to the airport’s Board shortly afterward, and the Board eventually decided to investigate the issue. As the result of its investigation, the Board informed Scott that Hampton would never again supervise her.
Notably, Scott’s reports to the airport’s manager and Board were both protected activities, meaning the law says the airport could not discipline her or retaliate against her for raising her concerns. Yet, less than a month later, Scott’s new supervisor scheduled her to work a shift alone, at night, with Hampton. By the next spring, the Chairman of the Board told Scott she must once again report directly to Hampton.
At this time, Scott informed the Board that she was pregnant and filed a request for accommodations. She asked to be excused from heavy lifting and from working on the tarmac where the fumes from jet fuel could harm her unborn baby. The airport’s Board declined to accommodate Scott and insisted that she continue to “report to and work closely with” Hampton.
Miss Scott no longer felt safe, and the airport terminated her employment.
Cutting to the heart of the matter
As this example makes clear, sexual harassment cases can easily become complicated. They can branch outward and move into failures to make reasonable accommodations, illegal retaliation and wrongful termination.
Indeed, Scott’s case cites several complaints under Kentucky Revised Statutes, Chapter 344; the Kentucky Pregnant Workers Act and Kentucky tort law:
- Sexual harassment
- Sexually hostile work environment
- Pregnancy discrimination
- Retaliation
- Intentional infliction of emotional distress
As you can see, while Scott’s case might have begun as a clear sexual harassment case, it quickly grew into a multidimensional problem.
Fortunately, as attorney Brad Zoppoth noted, Scott maintained a strong paper trail. Her records of the events help strengthen her story. They show how the events are all connected, and they should help prevent her case from devolving into a matter of he said/she said. As Zoppoth said, that paper trail becomes “part of her best evidence in the case.”
Justice requires action
The case of this female airport worker is not entirely unique. We know that women across the nation and throughout Kentucky continue to suffer harassment and abuse. However, there is one part of the worker’s story that most stands out: She acted.
As the Equal Employment Opportunity Commission (EEOC) noted in 2016, most people suffer in silence. Roughly 90% of all people who claimed they had experienced sexual harassment did nothing. They didn’t report it to their companies; they didn’t file lawsuits.
The problem is that doing nothing solves nothing. Women who suffer in silence do nothing to hold their harassers accountable. They can’t win justice for the wrongs they suffered. To win justice, you must act. As this example shows, you can build a paper trail and utilize the resources your employer has in place. Then, if those don’t work, you can work with an attorney and file a lawsuit. Bit by bit, you can fight against harassment and help to make a difference.