In late 2004, a female employee was working overnight as a janitor for a subsidiary of ABM Industries, the largest janitorial company in the country. She was alone in a room when a supervisor entered and sexually assaulted her. The woman was also subjected to further instances of sexual harassment during her employment there. On one occasion, her supervisor exposed himself to her and threatened her with termination unless she engaged in sexual activity with him. On other occasions, he touched her inappropriately and made unwelcome remarks.

She brought the sexual assault to the company’s attention, but after an internal investigation, the company informed her that it could find no evidence to corroborate her complaint. She was told not to bring the matter to police and was asked to sign a confidentiality agreement. The company did transfer her to another supervisor, but did not fire her prior supervisor. Instead, a few months later, the company terminated her employment.

The woman filed a lawsuit against the subsidiary and its parent company, alleging employment retaliation and sexual harassment. The company refused to settle the case, and last month a jury returned a verdict in the woman’s favor, awarding her $812,000. The company firmly denied that it did anything wrong and is weighing appealing the verdict.

But the company cannot claim this is an isolated incident. ABM has faced no fewer than six lawsuits in the past five years based on sexual harassment. In those cases, plaintiffs have been awarded in excess of $6 million. Its subsidiary too, has had to pay $5.8 million to 21 female employees who brought a sexual harassment suit.

Employees in New Jersey are protected by state and federal laws that protect them from unwelcome advances, inappropriate statements and sexual harassment. Everyone deserves the chance and has the legal right to work in a non-hostile work environment. When that right is broken, the law provides employees with the ability to recover for their employer’s actions.

Source: The Bay Citizen, “Janitor wins $812,000 in sexual harassment suit,” Shoshana Walter, May 25, 2012.