Huge Step Forward For Sexual Harassment Victims

Sexual harassers in the past managed to slither undetected from workplace to workplace, thanks to the anonymity offered by forced arbitration.

But times are changing.

President Joe Biden this week signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, landmark legislation that prevents employers from requiring workers to sign arbitration agreements that preclude them from filing in a lawsuit in court involving sexual assault or sexual harassment.

Biden called it a “momentous day for justice and fairness in the workplace.”

His assessment was affirmed by a rare lack of partisanship in Congress. The U.S. Senate approved the measure on a voice vote, which meant there was no opposition. There was a split roll call vote in the House of Representatives but it was approved by 222 Democrats and 113 Republicans. Yet, 97 House Republicans opposed the bill, including a number of women.

Clueless Dupes?

Why would a female legislator oppose something that protects women from violence in the workplace? The bill merely brings sexual harassment into the light of day by giving victims the right to go to court. Workers can still voluntarily opt to proceed with arbitration if they choose.

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Another Nail In The Coffin Of England’s Upper Class?

It’s hard to find a guy with less class than Prince Andrew, who allegedly raped a 17-year old American girl several times in 2001 while he was in his 40s.

When the girl, Virginia Roberts Giuffre, now 38, made public accusations against Andrew in 2015, he denied them. He claimed he couldn’t remember even meeting her, though a photo showed him with his arm around her bare midriff.

After Giuffre filed a civil lawsuit, Andrew, now 61, claimed he could not be held liable because pedophile Jeffrey Epstein, who allegedly trafficked Giuffre to Andrew, had entered a settlement with Giuffre in 2009. Although he wasn’t a party to the settlement, Andrew argued that it absolved “other potential defendants” like him. The judge disagreed and set a civil trial date.

Meanwhile, the royals began sweating that Andrew’s difficulties would cast a shadow on the upcoming Platinum Jubilee commemorating his mother, Queen Elizabeth’s, 70 years on the throne in June.

Reuters announced Tuesday that Andrew and Giuffre have reached a settlement in principle. The amount of the settlement was not disclosed but the New York Post reports it was $12 million. The settlement must be approved by the court.

It remains to be seen where the money will come from to pay the settlement, and whether public funds will be used.

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Bad Business At The Washington Post

Ben Roethlisberger is a great football player but, as a human being, not so much.

As the SFGate recently pointed out, he’s been accused but not prosecuted for (among other things) raping two different women on separate occasions.

For whatever reason, Lori Montgomery, the business editor of the Washington Post, responded in a tweet that claims the retiring NFL great was a rapist are “easily disproven” and “completely FoS.”

Montgomery was given a verbal warning for the tweet by Post Executive Editor Sally Buzbee after a WP reporter asked whether employees at the newspaper would feel safe reporting harassment to editors who make similar comments.

Evidence

In truth, there is considerable evidence of sexual misconduct by Roethlisberger.

In 2010, a 20-year-old college student accused him of raping her inside the woman’s restroom of the Capital City nightclub in Milledgeville, GA, after plying her with liquor. According to news reports, friends of the woman tried to intervene but said they were blocked by Roethlisberger’s bodyguards. The alleged victim was later treated at an emergency room for head lacerations and genital bleeding. Roethlisberger said she slipped and fell in the restroom. Authorities declined to prosecute.

That same year, SFGate reports that another woman came forward and told Sports Illustrated that Roethlisberger raped her after he called her up to his Lake Tahoe hotel room to have her fix his television. When she reported the assault to her boss, her boss threatened to fire her. Again, Roethlisberger wasn’t prosecuted, though he settled a lawsuit filed by the alleged victim in 2011.

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See No Evil at Penn State

Coach Joe Paterno and Penn State President Graham Spanier were fired, effective immediately, on Nov. 9, 2011 by the PSU Board of Trustees. The troubling culture at Penn State was in evidence when students sympathetic to Paterno erupted into violence at the news until they were subdued by police with tear gas. Meanwhile, more victims of alleged pedophile Jerry Sandusky surfaced. PGB

SEE NO EVIL …

In light of the horrifying and unfathomable nature of the pedophile scandal at Penn State University, it is easy to forget that Penn State is a workplace.

The leader sets an important tone for a workplace in terms of signalling what behaviors will and will not be tolerated.  Which raises a question.  What did Penn State President Graham Spanier know of the incident in 2002 in which Jerry Sandusky, a retired long-time football coach at Penn State, allegedly showered and engaged in sexual conduct with a young boy at Penn State’s  football building?

According to a grand jury report, Spanier said he was told that a staff member had reported that Sandusky was “horsing around” with a young boy in the shower in a way that made the staff member “uncomfortable.”  However, Spanier says that he did not  know that Sandusky was engaging in inappropriate sexual behavior with the boy.

Wasn’t it enough that Sandusky was engaging in horseplay with a young boy in the shower area?  That a staffer was made to feel “uncomfortable” witnessing the behavior?  Did Spanier have an obligation to inquire further?

Spanier obviously felt that something improper had occurred. In response to the incident, Spanier said he approved of a plan to take Sandusky’s locker room keys away and to inform him that he could not use Penn State’s athletic facilities with young people, an order that officials later agreed was unenforceable.  Was there any protocol at Penn State for investigating and disciplining alleged misconduct on campus?  Sandusky was still a professor emeritus at Penn State, and had an office there.

Sandusky is the founder of The Second Mile, a charity dedicated to helping impoverished youth who have absent or dysfunctional families. Sandusky allegedly abused at least eight boys through his contact with the club, which hosts sporting camps and events at Penn State.

According to a grand jury investigation, in addition to Spanier, the following adults were allegedly aware of the 2002 incident:

  • A 28-year old Penn State Graduate Assistant who said he saw Sandusky nude in the shower and thought Sandusky was having sex with a boy. (He reported the incident to Paterno.)
  •  The graduate assistant’s father.
  • Penn State Coach Joseph V. Paterno (who reported the incident to his bosses).
  • Penn State Athletic Director Tim Curley.
  • Penn State Senior Vice President for Finance and Business Gary Schultz.
  • Dr. Jack Rayovich, executive director of the Second Mile Club.

None of these people, including Spanier, reported Sandusky’s conduct to the police or to child protective services.

Incredibly, this was not the first time that Penn State officials had notice that Sandusky was engaging in questionable behavior with children in a shower on the campus.

Schultz told the grand jury that he knew that Sandusky was investigated by child protective services in 1998 for allegedly showering with young boys and behaving in a sexually inappropriate manner. According to the grand jury report:  “Schultz testified that the 1998 incident was reviewed by the University Police and ‘the child protection agency’ with the blessing of then-University counsel Wendell Courtney (who)  was then and remains counsel for The Second Mile.”

Spanier, who was appointed president in 1995, denied knowing of the 1998 University Police investigation of Sandusky.

There was yet another incident at Penn State in 2000 in which a janitor allegedly saw Sandusky having sex with another boy, this one aged 11 or 12.  The janitor  told his co-workers, who expressed fear they could lose their jobs, and then he told his immediate supervisor Jim Witherite. No one called the police that time either.

State police commissioner Frank Noonan was quoted Monday as stating:  “Somebody has to question about what I would consider the moral requirements for a human being that knows of sexual things that are taking place with a child, … Whether you’re a football coach or a university president or the guy sweeping the building. I think you have a moral responsibility to call us.”

Both Schultz and Curley have been arrested for allegedly lying to the grand jury and failing to report the alleged 2002 sexual assault to authorities as required by law.

Spanier may avoid arrest but it remains to be seen whether he can avoid responsibility for the tsunami wave of bad publicity that has washed over Penn State’s campus because the highest ranking officials there saw no evil.