The case of In re: Beth V. Beth V., Appellant, v. New York State Office of Children & Family Services et al., Respondents. Workers' Compensation Board, Respondent was an appeal from a decision by the New York State Workers Compensation Board that settlement proceeds from an employment lawsuit against the company should offset any workers compensation payments due based on the same set of facts. What's not important for this article is the right to such an offset. What is important was how poorly the New York State Office of Children and Family Services responded to the sex harassment claim brought by Beth V. Long story short, Beth V. was hired by OCFS as a youth division aide and was assigned to work in the kitchen. M.E., a male resident, was given kitchen duty as part of a facility work program. One day when M.E. stepped away from the dining room, Beth V. confiscated a notebook he had brought with him to the kitchen. Apparently she did so because he told her he was writing notes about her of a sexual nature and had made crude, sexually explicit gestures. She gave the notebook to the youth division aide on-duty. M.E. threw a fit when he discovered this.
After the incident, Beth V. told various supervisors and fellow employees she felt unsafe, uncomfortable, and fearful of physical and sexual harm from M.E. Thena few days later, Beth V. was in an office off the kitchen, logging out from work, with her back to the door. M.E. accosted Beth V. from behind, taking her by surprise. He choked, punched, and raped her at knifepoint. Then he forced her to turn over her keys to her Jeep and abducted her from the camp. Beth V. eventually escaped when M.E. stopped to make a phone call at a pay phone and reported the crime to the local police station. She sued OCFS and eventually settled the case for $646,000, of which she ended up with $430,000. It was these monies that the workers compensation underwriting claimed it had a right to offset.
I can tell you that from my years of trial experience that if this was a private employer the punitive damage element would have been in the millions.
Bottom line is this: Take all claims of sexual harassment seriously. During my career I represented three women in Beth V.’s position and it’s not a pretty picture. In 2 out of 3 of these situations a decent investigation and follow-up action could've prevented the horrible outcome.
Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.