“Cancer doesn’t just go away . . . Get rid of her,” said Dana Nielsen, Ameriserve President, according to Sworn Witness

November 8, 2024 | by Friedman & Houlding LLP

After a wave of public outcry over allegations that Ameriserve International, an organization whose mission is to serve those with intellectual disabilities, fired an employee for having cancer, a former Ameriserve manager has reached out with damning evidence confirming that cancer patient and former employee Megan Purcell was illegally fired because of her diagnosis—on order of Ameriserve President Dana Nielsen.

The former manager, who resigned from Ameriserve in disgust over its toxic environment, explains in her sworn statement that she was in the room when Ameriserve Executive Director and President Dana Nielsen gave the instruction to fire Ms. Purcell because she had cancer:

I was in [Vice President] Eric Seitz’s office with Eric, and Dana Nielsen popped his head in the doorway. Nielsen stated: “Megan Purcell has cancer. Get rid of her.” I responded to the effect of, “She has colon cancer, and has a procedure scheduled to treat it.” Nielsen then responded, “Colon cancer doesn’t just go away. Our insurance policy already went up with [another employee’s] kidney shit. Get rid of her.”

UPDATE: Judge Orders Racial Harassment/Retaliation case against Excel to Trial

May 21, 2024 | by Friedman & Houlding LLP

In a text Order entered May 20, the Middle District of Louisiana confirmed that Weldon Moore’s claims of racial harassment and retaliation will go to trial, which was previously scheduled to begin July 22.

Lead Counsel Shilpa Narayan successfully led the charge to challenge Excel’s efforts to have Mr. Moore’s case dismissed. For his part, Mr. Moore has withstood the challenges of litigation, fighting for justice for more than three years to have his day in court.

Read more about the case here: https://www.sexualharassmentlawyerblawg.com/excel-usa-management-testimony-reveals-retaliatory-treatment-of-african-american-employee-who-filed-racial-discrimination-suit-weldon-moore-v-excel-contractors-llc-d-b-a-excel-usa-321-cv-00698-j/

Threats of Racial Violence Must Never Be Tolerated

April 17, 2024 | by Friedman & Houlding LLP

Our firm represents an African-American man in North Dakota, who recently filed Charges of Discrimination with a federal agency, the Equal Employment Opportunity Commission (EEOC). In his first Charge he alleges racial harassment and retaliation against his former employer, Ironworks Welding, after two workers re-enacted “mock” lynchings; in his second Charge, he alleges he was fired one week after his employer received his first EEOC Charge, in retaliation for standing up to racial harassment.

In April 2022, our Client began work at Ironworks Welding, Inc. as a “single hand” in the Piping Prefab shop, in Dickinson, North Dakota. He was at the time the only African-American worker.

Beginning when he was hired, our Client believed he was being treated with suspicion, so much so that he ultimately told his Safety Manager he felt targeted due to his race, and not trusted. Nevertheless, he liked his job and wanted to succeed and help the Company.

Annandale Millwork Files Statements with a Government Agency in the Midst of a Sexual Harassment Investigation That Have False Information

October 25, 2023 | by Friedman & Houlding LLP

The EEOC requires that the employer file an Opposition Statement. Annandale did so. It included statements that are false. Knowingly submitting a false statement would be plainly intended to mislead a federal agency’s investigation.

In opposition to the Charge that the Design Manager engaged in physical and verbal sexual harassment of the Charging Parties, Annandale relies on the sworn Declaration of a current employee (“Declarant”), who, under oath, states, “I have never felt uncomfortable working with [Design Manager]”—referring to the design manager at issue in the Charges filed with the EEOC.

She also states—under oath, referring to one former employee witness (“Former Employee”)—as follows: “I worked with [Former Employee]. [She] [n]ever told me that [the Design Manager] had touched [her] inappropriately or otherwise made [her] feel uncomfortable.”

Encompass, a Major Hospital Chain, Threatens to Fire Women who Complain about Sexual Harassment

October 24, 2023 | by Friedman & Houlding LLP

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This is the third in a series of blog pieces written for and reviewed by the Charging Parties which explains their ordeal

The CEO, the Head of Human Resources and the Therapy Team Leader Threaten to Fire Women who Complain about Sexual Harassment at Encompass, a Major Hospital Chain

The CEO and the Director of Human Resources at Colorado Springs were required to report to Headquarters that they were receiving numerous complaints of sexual harassment perpetrated by the same provider who had been the subject of the sexual assault allegation.

FOLLOWING WHSV3 REPORT ON SEXUAL HARASSMENT AT ANNANDALE FOUR WITNESSES COME FORWARD TO CORROBORATE THE VICTIMS ALLEGATIONS

October 24, 2023 | by Friedman & Houlding LLP

Since a story aired in on WHSV3 in August regarding sexual harassment Charges filed with the EEOC by two former employees against Annandale Millwork and Allied Systems for ignoring complaints of sexual harassment by the “Design Manager” (referred to as the “Manager” in first blog post), four former employees of Annandale, have come forward with allegations based on what they witnessed working at Annandale. The allegations included an account of racial discrimination by Laurie Frogale, who ran Human Resources, and a situation where she observed one of her managers using racial slurs, with a person of color present, but said nothing to the harasser. The allegations, made under oath, include that a complaint was made to Frogale of sexual harassment by the Design Manager before the two women who filed Charges with the EEOC worked at Annandale and complaints about sexual harassment by other managers, which Laurie Frogale either ignored or condoned. The women who have come forward have provided sworn declarations alleging sexual harassment and disregard for their civil rights. Excerpts are repeated below.

The first Declarant stated under oath that she is African American and that when she was hired in September 2016 she had straight hair. In her sworn declaration she states that:

6. However, around three months after I was hired, I decided to have my hair out in an afro. When Laurie noticed my hair that day, she approached me with a look of disgust and said, “What is this? This is not who I hired.”

Charges of Sexual Harassment Have Been Filed Against Annandale Millwork and Allied Systems Corp.

October 13, 2023 | by Friedman & Houlding LLP

EEOC Charges of Sexual Harassment Have Been Filed Against Annandale Millwork and Allied Systems Corp. Alleging Complaints were Ignored for Years

This is the first installment in a series of posts about two women who worked at Annandale Millwork and Allied Systems Corp., in Winchester, Virginia, who filed EEOC Charges alleging they were subjected to physical and verbal sexual harassment by their male Manager despite a previous complaint two years earlier by one of the women. On April 16, 2021, one woman complained to Human Resources employee Elizabeth Foster that the Manager was sexually harassing her, a second woman who filed a Charge with the EEOC, and other women.

Elizabeth texted the first woman that she had informed Laurie Frogale, Head of Human Resources. (In addition to being the Head of Annandale Human Resources, Laurie Frogale is one of the owners of Annandale.) Elizabeth texted the first woman that:

UPDATE: Lawsuit Against SCA Pharmaceuticals Will Test Reach of End Forced Arbitration Act

August 18, 2023 | by Friedman & Houlding LLP

UPDATE: On July 16, 2024, the Court held a hearing on Defendant’s Motion to Compel Arbitration and Dismiss Plaintiff’s Constructive Discharge claims. At the end of the arguments, the Court denied Defendant’s motion in full, and subsequently issued a text Order:

Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Conference/Motion Hearing held on 7/16/2024 denying [29] MOTION to Compel Arbitration of Plaintiff’s Amended Complaint and Motion to Dismiss Constructive Discharge Claims filed by SCA Pharmaceuticals, LLC, consistent with the comments made during the telephone conference.

The Court, during the telephone conference, stated in essence that Defendant “could not have it both ways” with respect to its contention that there was a valid and enforceable arbitration agreement situated within an Employee Handbook that specifically disclaimed that it created contractual/legal rights of any kind. In addition, the Court noted that because the employer retained for itself the right to amend or alter the rules in the Handbook at any point, if there were a contract it would be “illusory” and therefore unenforceable. Finding that there was no agreement to arbitrate, the Court did not need to reach the question whether the End Forced Arbitration Act precluded arbitration of any of Plaintiff’s claims, noting any ruling would be dicta, and that the Second Circuit Court of Appeals was poised to rule on the issue in the near future. And the Court refused to dismiss Plaintiff’s Constructive Discharge claim, determining the viability of the claim would be best addressed at summary judgment with a full record of facts.

Northeastern State University must submit to discovery in Title VII and Title IX action alleging sexual harassment

May 27, 2022 | by Friedman & Houlding LLP

A federal judge in the Western District of Oklahoma has denied Northeastern State University’s motion to dismiss a former employee’s claims of sexual harassment and retaliation under both Title VII and Title IX, after a coworker allegedly put his hands down her pants.

Deanie Hensley, the plaintiff in the action, worked for NSU in Tahlequah, Oklahoma for approximately 13 years. She alleged in her First Amended Complaint that multiple supervisors and co-workers engaged in sexually inappropriate behavior over that time, including sharing sexual cartoons and remarking on women’s bodies, but Hensley’s complaints resulted in no changes. After her complaint about a particular supervisor resulted in retaliation including stripping Hensley of job duties, she decided to take a position with a contract company that provided the university’s mail services. The joint employment with NSU and this company allowed her to continue working at NSU and using her expertise and familiarity with the NSU campus and personnel. However, Hensley alleges that one of the coworkers who had a habit of making offensive remarks sought her out on the job, then: “reached across the counter and put his hands down her jeans, with the backs of his hands against her stomach. He reached down to her panty line. He then pulled her belt buckle and shook it, commenting on how she had been ‘losing weight.'”

Shaken and traumatized by the assault, Hensley alleges that she complained to NSU campus police. Following even more complaints that the harasser was following Ms. Hensley and approaching near her in violation of a protective order, Hensley alleges in her Complaint that Steven Turner, NSU’s President, threatened the contract company with the loss of its contract if it did not remove Ms. Hensley from the NSU campus. Ms. Hensley alleges the inevitable result of this threat would be that she would lose her job–and that in fact, she did lose her job as a consequence.

The ongoing fight for justice against CRST

February 2, 2022 | by Friedman & Houlding LLP

In February 2021, we posted about our clients’ quest for justice in their sexual harassment and retaliation class action against CRST Expedited, Inc. At the time, we were waiting for a decision from the Eighth Circuit Court of Appeals.

A lot has happened since then…

The Court decided Plaintiffs’ appeal in this decision. While the Court largely upheld dismissal of Plaintiffs’ claims, it also remanded back to the District Court Plaintiffs’ class retaliation claims for women who were removed from their trucks after reporting sexual harassment after July 2015.