Subject:  Rep Works to Clarify Sex Harassment |
Author:
Chris
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Date Posted: 09/ 3/04 7:49pm
Rep Works To Clarify Sex Harassment
The Michigan Supreme Court ruled last summer that sexual harassment claims must be based on incidents or conduct strictly sexual in nature.
State Rep. Paul Condino, D-Southfield, said that decision prohibits some women working in hostile environments from seeking damages. That's why he is working on legislation that would change the state's Civil Rights Act to better protect women in the workplace.
"I think we have to make it clear that ... allegations of gender-based harassment can in fact create a hostile workplace environment without specifically mentioning sex or sexuality," Condino said.
Condino was scheduled to announce his legislation during a news conference at the Southfield offices of attorney Geoffrey Fieger, who saw a $21 million sexual harassment verdict he won against DaimlerChrysler AG overturned by the Michigan Supreme Court in a 4-3 ruling.
The Michigan Supreme Court overturned the large verdict won by Linda Gilbert against DaimlerChrysler AG because the justices said it was excessive.
Although the Gilbert judgment wasn't thrown out because Fieger wrongly claimed sexual harassment, Condino said his legislation would help improve the workplace environment for women.
Gilbert said her male co-workers at Chrysler's Jefferson North Assembly Plant in Detroit called her cruel names and left sexually explicit cartoons and photos on and near her locker. The automaker said Gilbert didn't disclose a number of allegations until after she filed a lawsuit and the company did all it could with the knowledge it had.
"The facts in Gilbert were just so startling," Condino said. "I want to have a Civil Rights Act that gives the protection we should have for our mothers, sisters and wives."
Condino said he first started thinking about tweaking Michigan's Civil Rights Act after the Supreme Court last year reversed an appellate court ruling for a female Capitol security guard killed in a shootout with her male partner, who also died.
The family of the security guard, Virginia Rich, argued Rich's partner, Canute Findsen, had been harassing and taunting her for years. But the high court ruled it was sex discrimination, not sexual harassment, because the conduct was based on gender and was not sexual in nature.
A police report of the January 1997 shooting showed a long pattern of abuse by Findsen. For example, it said Findsen told another officer he left a bullet in Rich's mail drawer with a note encouraging Rich to commit suicide as her father had done with a gun she lent to him.
Michigan Chamber of Commerce Vice President Bob LaBrant said his organization, which represents thousands of businesses and trade associations, would support legislation that specifies circumstances that currently aren't clear.
"Legislation, if it specifies the perimeters of situations, is generally thought of to be beneficial," he said. "If it tremendously expands the scope of activities normally construed to be sexual harassment, I don't know if we would be supportive of it."
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