Recent Settlements
Firefighter Injury
An Illinois firefighter received a $400,000 workers’ compensation settlement after breaking his leg after a structure collapse.
Painter Accident
An Illinois union painter received a $1,785,000 third party settlement after being injured when he fell off a scaffold while painting the interior of a building.
Truck Driver Rollover
An Illinois truck driver received a $950,000 workers’ compensation settlement after injuring his back in an auto accident in which his truck flipped over.
Auto Accident
$875,000 for a serious leg injury to a driver involved in an intersection collision.
Personal Injury – Third Party Case
$1,800,000 Settlement for a worker who fell from a defective lift and sustained a back injury.
Retaliatory Discharge
$220,000 settlement for a hospital worker who was fired after filing for Workers’ Compensation Benefits.
Selected Sexual Harassment Jury Verdicts And Settlements
Because sexual harassment laws do not establish precise rules or guidelines for defining exactly what conduct constitutes actionable sexual harassment, such determinations must be made on a case by case basis.
To assist you in determining if you may have been or are currently the victim of sexual harassment, we have summarized several Sexual Harassment cases from various jurisdictions throughout the country, where juries have held that the conduct alleged constituted sexual harassment.
These cases, and others discussed, which were resolved by negotiated settlements, provide some insight as to the type and amount of damages awarded to victims of sexual harassment.
Sheriff’s Office Settles Sexual Harassment Case
A sexual harassment complaint against a top aide to Orange County Sheriff Kevin Beary has ended with a $190,000 settlement.
Martha Passiatore, a bookkeeper who resigned in late January, received a cash payment March 5 when she agreed to end her federal sexual harassment lawsuit, according to legal papers. Passiatore accused her boss, Comptroller Brad Hurd, of sexual harassment and damaging her career for rejecting his advances.
The settlement, the largest during Beary’s six years in office and first for sexual harassment, stipulated that neither side criticize the other. The settlement is not an admission of fault. “This was in the best interests of both parties,” Sheriff’s Commander Steve Jones said. Passiatore declined comment. Her husband, Assistant Orange County Attorney Joseph L. Passiatore, was a party in the lawsuit but could not be reached.
Passiatore alleged that Hurd began to sexually harass her after she was hired in 1988 as the agency’s chief payroll officer. In 1993, the agency suspended Hurd for 40 hours after finding he made inappropriate sexual remarks to Passiatore and created a hostile work environment, according to the lawsuit and Sheriff’s records.
Hurd was on vacation and could not be reached.
Passiatore filed a second complaint in 1995, claiming Hurd retaliated by demoting her and cutting her pay by $12,000 to $36,600 a year. She claimed in legal papers that she suffered from “depression, insomnia, anxiety and stress” as a result of her treatment.
The settlement provided Passiatore $22,000 in back wages, $10,000 for loss of reputation and $158,000 to cover legal costs and medical bills. The Sheriff’s office also agreed to pay mediator costs of $2,000. In addition, Passiatore received administrative leave pay and unused vacation and sick time totaling about $4,000.
Domino’s Loses Appeal In Sexual Harassment Case
The bill for Domino’s Pizza is $237,000 plus attorney fees now that the Supreme Court has let stand a sex-harassment award won by a former pizza shop manager from Florida.
The justices, without comment, rejected an appeal in which Domino’s argued that it was wrongly held legally responsible for the harassment David Papa received from his boss, area supervisor Beth Carrier.
The nation’s highest court already is studying a case from Boca Raton in which it is expected to clarify when employers may be held responsible for the misconduct of an employee’s supervisor. But Clinton administration lawyers told the justices that Papa’s victory would not be affected by the outcome of that case.
According to lower court rulings, Papa was managing a Domino’s shop in Port Richey in 1988 when Carrier began harassing him – touching him in inappropriate ways and inviting him to live with her.
When Papa eventually threatened to report her conduct, Carrier told Papa she would “get” him. She fired him six days later.
Papa and the Federal Equal Employment Opportunity Commission sued Domino’s, alleging that the company had violated a federal anti-bias law that bans on-the-job sexual harassment.
A federal trial court ruled in 1995 that Domino’s could be held responsible for the hostile work environment Papa worked in. It also ruled that Papa, who had since moved to Deltona, was the target of illegal retailation and had suffered what lawyers call “quid pro quo harassment” because his rejection of Carrier’s sexual advances resulted in his firing.
The trial court awarded him $237,257.52 in back pay and ordered Domino’s to post a written sexual harassment policy in each of its shops across the nation for two years. Domino’s also was ordered to pay the lawyers fees Papa had incurred.
The 11th U.S. Circuit Court of Appeals upheld the trial court ruling last April.
Woman Wins $80 Million In Harassment Suit Against UPS
A jury has awarded $80.7 million to a former United Parcel Service manager who said UPS retaliated against her after she accused a driver of poking her in the breast.
The Polk County jury agreed with Linda Channon, a 22-year UPS employee, that the shipping company fostered a hostile work environment when it failed to listen to her complaints of harassment and punished her for them.
UPS was ordered to pay her $500,000 in compensatory damages and $80.2 million in punitive damages. Under a federal law that would apply to the verdict, Channon would be entitled to no more than $300,000 in punitive damages. Her lawsuit also challenges the consitutionality of that law.
Channon, 47, said she was poked in the breast by a driver under her supervision during an argument in 1993. The driver was fired but rehired, and then he began stalking Channon, said her attorney, Roxanne Conlin.
According to Conlin, “the people above her refused to provide her any protection, then started being critical of her and her efforts in a way that was simply unfair.”
Channon said UPS moved her from job to job, shunning and excluding her from meetings and giving her assignments that men were not given.
“I had different standards than the men had,” she said. “Every day I was being screamed at, being belittled, being humiliated. Those are things that are hard emotionally when you’ve worked at a place a long time and been very dedicated and done a very good job.”
She left the company on a doctor’s orders in 1996.
“Ultimately, they got her,” Conlin said. “She could no longer function in an environment that was so totally hostile to her.”
Dan Wilczek, an attorney for UPS, said the company will appeal. “We do not believe that the verdict is supported by the evidence presented during trial,” he said.
Channon, a divorced mother of three grown children, cried when the verdict was read.
“Anytime in my experience at UPS that you complain, they considered you were the problem, rather than the problem being sexual harassment,” she said.
“They expect you to be tough and handle whatever was dished out.”
Drug Firm Admits Sexual Abuse, Agrees To Record Paymout For Claims
A pharmaceutical company has agreed to pay $9.85 million to settle claims that its president and other executives pressured women employees for sex and replaced older workers with young beauties.
At least 79 women and a man who said he was punished for speaking out will share the sum, the biggest sexual harassment settlement ever obtained by the Equal Employment Opportunity Commission.
Astra AB, a Swedish company, admitted it allowed a hostile work environment — including requests for sexual favors in exchange for favorable treatment — for women at its U.S. headquarters in Westboro, Massachusetts.
“As a company we are ashamed of the unacceptable behavior that took place,” said Ivan Rowley, Astra USA’s new president.
“To each person who has been harmed and has suffered because of that behavior, I offer our apologies.”
The EEOC charged that former Astra USA president Lars Bildman and other Astra officials sexually harassed female executives.
Bildman was accused of replacing mothers and older female employees with beautiful, young, single women who were pressured into having sex. Former employees said Bildman demanded that eight hours of work be followed by eight hours of drinking and partying. Some claimed they were fondled while dancing with Bildman and said he suggested they have sex.
Women who sued Astra said after-hours sex was common and total loyalty to the company was required.
Bildman was fired in 1996, accused by Astra of spending company cash on home repairs, family vacations and high-priced prostitutes. He is being sued by Astra for $15 million to recover costs related to the EEOC investigation.
Bildman said in a statement: “I categorically deny that there was any pattern of sexual harassment at Astra.”
In addition to firing Bildman, Astra restructured its personnel department and agreed to a sexual harassment policy.
Also, the company said it took action against 30 employees and Astra customers for taking part in the harassment. Astra said it fired or otherwise disciplined the staffers and ended contracts with the offending customers — doctors, hospitals, distributors or health maintenance organizations.
Women account for 40 percent of the company’s 1,500 employees at the U.S. affiliate, which posted $400 million in sales last year.
The settlement is $8 million more than the next-highest amount obtained by the EEOC in a sexual harassment case, from Management Resources International last April.
Lelia Bush, a former Astra sales representative who brought the initial complaint to the EEOC, said women were constantly solicited for sexual favors while she was working there.
“It was unreal. It was fraternity-like. It was college-like. It was not a professional atmosphere at all,” Bush said.
Woman Awarded $2 Million In Sexual Harassment Suit
A Louisville, Kentucky woman was awarded $2 million after claiming she was forced to leave her job as a plant supervisor for Philip Morris USA because of sexual harassment.
A Jefferson Circuit Court jury, after 11 hours of deliberations, awarded Mary Wilson compensatory damages for humiliation, embarrassment and mental anguish. She had been seeking $13 million.
Wilson had been on medical leave since March 1993. She sued Philip Morris in February, 1994, alleging that she suffered through more than a year of sexual harassment by men she supervised in the Louisville plant.
Wilson’s attorney said her mental health has been badly damaged by the experience and submitted her medical records for review during jury deliberations.
Both Wilson and the company agreed that after she complained of the harassment, Philip Morris sent the three men in question to sexual-harassment counseling, after which the sexual comments stopped.
But Wilson alleged the men engaged in a retaliatory work slowdown, and when she complained to her supervisors about that, the company offered to move her to another department. She refused.
Chicago Ford Plant Pays $1.5 Million In Area Harassment Suit
Ford Motor Company has paid about $1.5 million to settle a lawsuit that charged widespread sexual harassment and racial discrimination took place at its stamping plant in south suburban Chicago Heights.
The suit, brought by eight women and one male worker, was settled earlier this month. Under the settlement agreement, neither side is permitted to discuss the terms, although a source familiar with the case confirmed the settlement amount.
The original complaint, filed on May 22, 1995, alleged that African-American and Hispanic workers suffered racial slurs from co-workers. The women also allegedly were subject to unwelcome sexual advances from supervisors and a hostile work environment.
The stamping plant has 2,000 workers, about 150 of whom are women, said Ford spokesman Jim Trainor.
Currently pending are five other sexual harassment or discrimination charges that workers have filed with the U.S. Equal Employment Opportunity Commission, the Ford spokesman said. The EEOC, he confirmed, is investigating these charges. Before an individual worker can sue a company for violations of employment discrimination law, he or she must have a “right to sue” letter from the EEOC that shows the agency has looked into the charges and made a determination of credibility.
No other sexual harassment suits are pending against Dearborn, Michigan-based Ford, the company said.
Jean Kamp, a lawyer at the EEOC’s Chicago office, said charges that individuals make against an employer are strictly confidential until the worker or this government files a lawsuit. She said she could not comment on the investigation regarding Ford or the possibility of expanding it to a suit representing more women workers.
Kamp is the lead trial lawyer in the government’s sexual harassment suit against Mitsubishi Motor Manufacturing of America.
That suit, the largest sex discrimination case in U.S. history, involves 350 women at the plant in Normal.
In the Chicago Heights case, the lead plaintiff, Jeanette Jones, 54 years old, worked at Ford for 24 years, beginning in 1978.
Her charges of persistent sexual harassment include six supervisors and many co-workers.
The $90,000 Kiss: Law Firm Settles Sexual Harassment With New Jersey College
Lawyers representing Tina Mears, a 25 year old student, announced that a settlement has been reached with Cumberland County College in New Jersey for $90,000 in a case where Mears claimed that the college was responsible for the actions of a professor — John Reinard — who forced a kiss on her after a political rally in 1995.
According to the lawsuit, Mears claimed to be the victim of sexual harassment. In the lawsuit, Mears brought a claim against the college under Title IX of the Education Amendments of 1972, a federal law which prohibits discrimination of the basis of gender, including sexual harassment, in educational programs and activities receiving federal financial assistance. The law permits students to file against educational institutions which receive federal funds.
Mears’ civil lawsuit against Cumberland County College and Reinard followed a criminal complaint that Mears had also filed immediately following the kissing incident. The Woodbury Municipal Court found Reinard guilty of harassment. Reinard is appealing his conviction.
In describing the settlement, Mears’ lawyer stated that “the College avoided a potentially costly and embarrassing trial, during which we would have revisited all the allegations concerning Reinard. That would have reflected badly on the College and would have also compounded the emotional stress that Tina Mears has already suffered.”
He noted that an added benefit of a case like this was that it would hopefully serve to deter future incidents of sexual harassment in schools and colleges.
Recent Significant Workers’ Compensation Decisions
- Claimant Wins Vocational Rehabilitation Despite Employer’s Claim Of Noncompliance
- Coal Miner’s Smoking Habit Doesn’t Bar Benefit Claim
- Unrelated Accident Doesn’t Break Causal Connection Chain
- Years Of Repetitive Work Lead To Compensable Cts Aggravation Of Degenerative Arthritis
- Sales Manager Wins Benefits For Wipeout On Public Sidewalk
- Employer’s Acquiescence Helps Claimant Secure Benefits For Parking Lot Injury
- 23 Weeks Of Overtime Is Sufficient To Be Included In The Average Weekly Wage Calculation
- Claimant Entitled To Benefits Despite Rule Violations
- Evidence Of Degenerative Condition Fails To Block City Employee’s Disability Claim
- Claimant Proves Management Had Notice Of Concurrent Job At Local Bar
- Penalties Awarded Against Employer Who Relied On Physician’s Opinion
- Maintenance Worker’s Bilateral Wrist Injuries Render Him PTD
- Employee’s Preexisting Arthritis Doesn’t Cramp Benefits
- Employer Must Pay Penalties For Delay In Paying Settlement
- Highway Maintenance Employee Wins Bid To Include Overtime In AWW
- Refusal To Pay Benefits Based On Dispute Between Carriers Warrants Penalties
- Maintenance Worker’s Out-Of-State Employment, Injury Does Not Bar Illinois Jurisdiction
- Meat Packer’s Knee Injury While Squatting Merits Award
- Maintenance Worker’s Shoulder Disability, Post-Injury Part-Time Employment Warrant Wage Loss Benefits
- Slaughterhouse Worker Suffers Repetitive Trauma Shoulder Injury
- CNA’s Injury While Bending Over Merits Award
- Ameritech Employee Collects Benefits For Slip-And-Fall Injury
- Inadvertent Mistake Does Not Excuse Employer’s Delay In Paying Benefits
- Administrative Assistant Recovers For Injury Sustained On Sidewalk While Making Delivery For Employer
- Customer Service Worker’s Foot Injury Leads To Complex Regional Pain Syndrome
- Employer Penalized For Failing To Provide Claimant Handicap-Accessible Van
- Motel Worker’s Injuries On Icy Parking Lot Before Her Shift Warrant Benefits
- Inspector’s Work Stress Passes Test For Compensability
- Farm Laborer Wins Benefits For Injuries Sustained By Lightning Strike
- Bus Driver’s Vehicle Configuration Results In Benefit Award
- Lieutenant’s Slip-And-Fall Injury In Parking Lot Merits Award
- CNA’s Fall On Uneven Pavement Merits Award
- Illinois Lawmakers Propose Changes To Workers’ Compensation Law
- Truck Driver Seeking Lost Cell Phone On Christmas Eve Entitled To Benefits For Injury Sustained In Fall On Ice
- Retail Worker Who Suffered Heart Attack After Attempting To Break Up Fight Between Two Customers Was Entitled To Benefits For Subsequent Bypass Surgery, Despite Her Preexisting Coronary Artery Disease
- The Illinois Industrial Commission Awarded Benefits To Claimant For Back Injuries And Resulting Depression, Finding Her Combined Injuries And Limited Education Rendered Her Unable To Return To Regular
- The Illinois Industrial Commission Awarded Claimant An Additional 14 Weeks Of Disability Benefits, Relying On Second Physician’s Opinion Of When Claimant Reached Maximum Medical Improvement
- Illinois Industrial Commission Awarded Additional Temporary Total Disability Benefits To Cheese Production Line Worker For Continuing Symptoms Following Carpal Tunnel Surgeries
- Defendant’s Reliance On Opinion Of Its Examining Doctor Was Not Objectively Reasonable
- Worker’s Job Requirements Of Standing, Walking And Climbing Ladders Constituted An Increased Risk Of Sustaining A Disabling Foot Condition
- The Illinois Industrial Commission Awarded Benefits To School Teacher Who Dislocated Shoulder While Swatting Insect In Her Classroom
- The Illinois Industrial Commission Awarded Benefits For Loss Of Earnings, Even Though Claimant Had Union Grievance Pending Asserting He Wanted And Could Perform His Former Job
- The Illinois Appellate Court Fuled Ex Parte Communications Between Injured Worker’s Health Care Provider And Employer Or Its Legal Representative Were Prohibited By Public Policy And Existing Case Law
- The Illinois Supreme Court Majority Held That Two Of Three Commissioners Who Sat On Panel Reviewing Claimant’s Case Were Not Appointed In Conformity With Statutory Requirements
- Illinois Industrial Commission Found Most Equitable Method Of Calculating Section 8(D)1 Award For Salesperson, Who Was Injured After Only 11 Days Of Work, Was To Base Wage Differential On Her Actual E
- Workers Sustained Compensable Knee Injury While Quickly Getting Out Of Chair In Attempt To Reach Resident At Health Care Facility
- The Illinois Industrial Commission Majority Awarded Permanent Partial Disability Benefits For 40% Loss Of Use Of Right Foot Following Ankle Sprain That Subsequently Became Infected
- Worker Was Entitled To Wage-Differential Award Based On Post-Injury Light-Duty Work Performed For Defendant
- Truck Driver Was Entitled To Benefits For Injuries Sustained After His Truck Was Struck By A Train, Even Though Gates Were Either Coming Down Or Were Already Down When He Proceeded Across Tracks
- The Commission Held That Claimant Who Fractured His Tooth Was Entitled To Benefits, Despite Violation Of Safety Rules
- The Commission Held That Claimant’s Injuries Sustained In Altercation With Coworker Were Compensable
- The Commission Found Causal Relationship Between Plant Worker’s Exposure To Smoke While Extinguishing Fire And His Death
- Commission Awarded Benefits For Claimant’s Back Injury Sustained While Shutting Truck Door
- Commission Ruled Teacher’s Injuries Sustained While Skating With Students Were Compensable
- The Illinois Appellate Court Ruled That An Employment Relationship Existed Between Trucker Driver And The Leasing Company Despite The Independent Contractor Status Given To The Driver In A Leasing Agr
- Claimant Who Fractured Her Right Foot In A Work Accident And Subsequently Developed Reflex Sympathetic Dystrophy Was Entitled To Benefits Under The Illinois Workers’ Compensation Act
- Claimant’s Work As Casings Puller Resulted In Compensable Repetitive Stress Injuries, Including Carpal Tunnel Syndrome, Rotator Cuff Tendonitis And Myofascitis Of The Left Upper Extremity
- The Appellate Court Held That The Illinois Industrial Commission Erred In Failing To Award Wage Differential Benefits, Where Claimant Was Unable To Return To His Usual Line Of Employment An
- The Illinois Industrial Commission Awarded $18,949 In Section 19(K) Penalties And $7,579 In Section 16 Attorneys Fees For Defendant’s Unilateral Termination Of Ptd Benefits
- The Illinois Industrial Commission Held That Carpenter Was Entitled To Benefits For Injuries Sustained While Driving To Central Facility
- The Illinois Industrial Commission Properly Held That Claimant’s Ten Days Of Employment As Carpenter For Defendant Aggravated Her Pre-Existing Carpal Tunnel Syndrome, Appellate Court Ruled
- The Illinois Industrial Commission Majority Awarded Permanent Total Disability Benefits To Claimant For Arachnoiditis And Pain-Induced Depression
- The Illinois Industrial Commission Held That Claimant Sustained Compensable Aggravation Of Pre-Existing Spinal Tumor Due To Work Related Trauma While Operating Construction Vehicle
- Overpayment Of Social Security Benefits
- The Illinois Industrial Commission Held That Construction Worker Was Entitled To Benefits For Injuries Resulting From His Use Of Circular Saw, Despite Evidence That He Was Using Saw In Improper And Un
- Illinois Industrial Commission Utilized Last Day Of Work As Accident Date In Repetitive Trauma Claim Even Though Condition Manifested Itself At An Earlier Date Where Claimant Continued To Work Faithf
- The Appellate Court Held That Security Guard, Who Was Killed By Stray Bullet Fired At Stranger Running Past Defendant’s Building, Was Entitled To Benefits
- The Circuit Court Ruled That A Flight Officer’s Shoulder Injury Caused By Massage At Hotel While On Layover Arose Out Of And In The Course Of Employment
- The Illinois Industrial Commission Awarded Benefits To Teacher Who Was Injured In The Student/Faculty Basketball Game
- The Illinois Industrial Commission Included Shift Premium And Vacation/Holiday Pay But Excluded Legal Benefits In Calculating Claimant’s Average Weekly Wage
- Employee Traveling To Work Awarded Worker’s Compensation Benefits
- Commission Awarded Benefits To Claimant For Back Disability Resulting From Repetitive Bending And Sorting Printouts
- Commission Awarded Benefits For Injuries Sustained By Claimant In Fall While Climbing Stairs, Where Evidence Indicated That Claimant Was Traveling Employee
- New Section Commission Held That Claimant’s Epicondylitis Condition Was Caused By Repetitive Work Activities
- Commission Held That Claimant-Flight Attendant, Who Found Post-Injury Work As Receptionist, Was Entitled To Wage Differential Award
- Commission Held That Claimant, Who Suffered Heart Attack While Hanging Drywall, Sustained Compensable Accident
- Landmark Illinois Workers’ Compensation Ruling: Benefits Awarded For Mental Disability Due To Sexual Harassment
- Workers’ Compensation: Traveling Employee’s Death Is Compensable
- The Commission Awarded Benefits To Claimant Who Was Attacked While Walking Down Corridor On Her Way To Work
- The Commission Held That Truck Driver’s Injuries Sustained After Performing Repairs On His Truck Were Compensable Where Defendant Had Statutory Obligation To Ensure That Vehicles Bearing Its Icc Number
- Appellate Court Held That Commission’s Decision Denying Benefits To Truck Driver For Carpal Tunnel Syndrome Was Against The Manifest Weight Of The Evidence
- Illinois Industrial Commission Majority Awarded Wage Differential To Flight Attendant, Even Though Claimant Refused Job Offer That Paid More Than Her Pre-Injury Job
- Illinois Industrial Commission Majority Awarded Benefits To Claimant For Tarsal Tunnel Syndrome Allegedly Caused By Walking And Pivoting While Carrying Out Her Duties
- $665,000 Settlement By 11 Chinese Eateries