In New York, Teen Wins Case For Verbal And Physical Sexual Abuse

ROCHESTER, N.Y. – A jury in federal district court here has returned a $585,000 verdict in a major sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) against a national residential basement waterproofing company on behalf of a class of 13 young women, mostly teenage girls still in high school, who were subjected to a sexually hostile work environment by male managers and salesmen.

EEOC’s lawsuit, filed in 2001 under Title VII of the 1964 Civil Rights Act, charged Everdry Marketing and Management, Inc. and Everdry Management Services, Inc.-- also known as Everdry Waterproofing and Everdry of Rochester -- with sexually harassing the class of female former workers from 1998 onward at the company’s Rochester location (Everdry Marketing and Management Inc., based in Cleveland, Ohio, and its Rochester, N.Y., affiliate are two Everdry companies that are part of one integrated business enterprise).  The harassment took the form of egregious acts of verbal and physical sexual conduct on the part of the companies’ managers and salesmen. EEOC said that Everdry failed to take necessary steps to stop the harassment, despite complaints to local and national management.  EEOC also asserted that the work conditions were so intolerable that some of the women were forced to quit (constructively discharged).

After a nearly two week trial that started October 10, the jury rendered a verdict in favor of the EEOC, providing $325,000 to the 13 young women to compensate them for lost wages and the emotional pain and suffering they endured.  The jury also assessed punitive damages against Everdry in the amount of $260,000.  EEOC will also ask the court to award injunctive relief designed to prevent future discrimination.

“The jury’s award sends a strong message to employers that they must maintain work environments free of sexual harassment and be vigilant in protecting teen employees – one of the most vulnerable segments of the labor force,” said Robert Rose, an EEOC trial attorney on the case. “We applaud the courage of these young women for speaking out and coming to the EEOC. This jury verdict shows that justice has been done.”