Herman Cain: A Workplace Bully?

Since this article was written another woman came forward and claimed that she had an affair that lasted more than a decade with Republican presidential candidate Herman Cain .  After denying it, Cain dropped out of the race on 12/3/11. 

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Three women independently say Republican presidential candidate Herman Cain sexually harassed them when they worked for him while he served as President and CEO of the National Restaurant Association between 1996 and 1999.

A fourth woman, Sharon Bialek,  said that during this time period she contacted Cain to ask for a job. Sitting in a parked car with Cain, she says, Cain pushed his hand under her skirt and pushed her head toward his crotch.  “I was very, very surprised and very shocked. I said, ‘What are you doing? You know I have a boyfriend. This isn’t what I came here for.’ Mr. Cain said, ‘You want a job, right?’”

Other women may have come forward but for a vague threat of retribution made last week by Lin Wood, Cain’s defense attorney, who said that any new women who are thinking of coming forward with allegations against the candidate should “think twice” before they do.

So there Cain stood, Saturday night, behind a podium in South Carolina, alongside other Republican candidates, answering questions about foreign policy in a nationally televised debate, as if there is no question but that he possesses the character to occupy the highest office of our land, the President of the United States.

What happens when a worker is subjected to sexual harassment by the CEO of the company? Most are shocked and emotionally traumatized. They fear, justifiably, that they will lose their job or suffer retribution if they do not submit. This is not like innocent flirting or misguided chivalry. Sexual harassment is on a continuum of violence that includes rape and bullying.

Karen Kraushaar, one of the two women who settled sexual harassment claims while they worked at the National Restaurant Association while it was led by Cain, told the New York Times:

When you are being sexually harassed in the workplace, you are extremely vulnerable. You do whatever you can to quickly get yourself into a job someplace safe, and that is what I thought I had achieved when I left.”

Ms. Kraushaar now works as a spokeswoman for one of the three inspectors general at the Treasury Department.

In our criminal justice system an individual is deemed innocent until proven guilty but this is an election and not a criminal trial where an innocent defendant might be imprisoned or executed.

What does it take to raise serious questions about whether a person possesses the good moral character that one would at least hope to see in a future U.S. President?

Is it enough that four women independently accuse the same man of essentially the same type of abusive behavior over a period of years? Suppose one of these women is lying? That would leave three.  Is that enough?

Kraushaar and another woman who worked for Cain at the National Restaurant Association received substantial financial settlements (one got a year’s salary) from the association in exchange for their silence and agreeing to forfeit their right to sue for damages. Generally employers do not shell out tens of thousands of dollars without proof of wrongdoing. Had there been no settlements, it is quite possible that at least one lawsuit would have been filed against Cain and the restaurant association.  Presumably that is what the restaurant association paid to avoid.  What weight should society now place on Cain’s claims of innocence?

If that’s not enough, Cain initially said there were no financial payoffs to the women.

Cain has inferred that the allegations by the women represent a Machiavellian plot dreamed up by Democrats to assassinate his character but isn’t it more likely that the Democrats would prefer Cain, a former head of Godfather Pizza, to former governors Mitch Romney and Rick Perry?

Ultimately, this is less a question of politics than it is a question of character. Cain was a man who had supervisory authority over three women who say he sexually harassed them, and he had the power to hire the fourth. What did he do with that power? When all is said and done, Cain sounds more like a workplace bully than a credible candidate for  U.S. President.

About pgbarnes
Attorney at Law

3 Responses to Herman Cain: A Workplace Bully?

  1. KBV says:

    I must also add that I am vaguely troubled that although there have been many declarations, I see a lot of it as circumstantial. It is next to impossible for anyone to run for office these days without every thing you ever did in you life slapping you in the face. No one lives in a glass house.

    Reply
    • pgbarnes says:

      Cain doesn’t live in a so-called “glass house”; the National Restaurant Association closed the curtains when they settled two sexual harassment complaints against Cain and made the victims sign a confidentiality agreement.
      When parties agree to settle a claim of sexual harassment internally there is no outside fact-finding, and that is really the point for the employer. The employer is effectively driving a stake into the heart of the complaint to kill it before it enters the public arena through a lawsuit. Usually, the victim of sexual harassment is motivated by the realization that his/her job is effectively over and fears that any publicity that could further damage her career.
      Personally, it is not my experience that employers settle frivolous complaints. The reason is that it would be difficult to get a lawyer to represent you and these complaints can be thrown out at an early stage of the litigation process by the judge. I think it is asking a lot to give Herman Cain the benefit of the doubt … four women, independently, complained about sexually abusive conduct, and two of the complaints were settled by the employer with a hefty financial payout. PGB

      Reply
  2. KBV says:

    As a Democrat, I am enjoying the muddle that the Republicans are making out of their debates and mistakes. Obama looks like a dream compared to them. The American public has to also be seeing this.

    Reply

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