HYUNDAI MOTORS HIT WITH $5.79 MILLION SEXUAL HARASSMENT VERDICT
Tammy Edwards was awarded 5.79 million dollars by a jury in Federal Court in Montgomery for sexual harrassment, negligent supervision, and retaliation. The Birmingham News reported late Friday, the jury awarded $795,000 in compensatory damages, $5 million in punitive damages against Hyundai, and $10,000 against a supervisor, Mike Swindle, who was sued in his individual capacity. The facts of the case involve Swindle propositioning Edwards for oral sex, sex, and threatened to blow her husband's head off. Swindle also blocked her was in the hall, bumped against her with his hands behind his back, hugged her and pulled her hair by grabbing her pony tail. Edwards complained to one supervisor, who took no action although he admitted he knew that Swindle's behavior was often objectionable. She also complained to another supervisor, who laughed it off and said that Swindle will tell you "stuff you don't want to hear". For a more detailed explanation of the causes of action and the facts of the case, you can read Judge Thompson's order denying Hyundai's Motion For Summary Judgment dated March 27, 2009.
This is a textbook case on what can and often does go wrong in the work place. Edwards missed her sexual harassment training because she was out sick There was no signed receipt showing that Edward's received the 47 page, single spaced policy manual. Swindle was transferred to another position, but his physical location was actually closer to Edwards then before he was transferred. Swindle continues to work at Hyundai.
Practice Pointer. It is essential that all complaints of harassing behavior be treated seriously, a proper investigation take place, and the appropriate remedial measures be implemented. For an interesting perspective on how the general public views these type of cases, I would highly recommned that you read the Birmingham News article and the comments from the readers.
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