A 29-year old female paralegal was sexually pursued and propositioned by her boss, an officer of the company. She repeatedly told him she was not interested, but he continued his pursuit. Over time, complainant feared for her job. Despite overwhelming evidence, the company/employer concluded there was no evidence of harassment and blamed complainant for "leading him on". The employer failed to take reasonable steps necessary to prevent the sexual harassment from occurring in the first place, then failed to protect complainant during the investigation, allowing retaliation.
Winer, McKenna & Burritt demonstrated at mediation that the company was liable for the sexually harassing acts of its supervisors, and would be awarded substantial damages if the case was litigated. The company was convinced to settle prior to litigation.