California Department of Corrections and Rehabilitation (CDCR) has landed in hot water for allegedly failing to protect a male cook from a female co-worker’s unwanted advances.
A lawsuit filed in July 2013 claimed that Joe Cummings, a male cook with CDCR, was sexually harassed by a female co-worker for over a year. The harasser made frequent unwanted sexual advances, including lewd and sexually suggestive comments, and even physical contact.
CDCR supervisors were repeatedly informed of the harassment, but the agency failed to take timely action to address the situation. The complaint alleges that CDCR’s inaction violated both Title VII of the Civil Rights Act of 1964 and the agency’s own anti-harassment policy.
Under the terms of the settlement agreement, CDCR must pay Cummings $50,000 in compensatory damages and restore leave that he used to avoid the alleged harasser. The agency must also maintain appropriate anti-harassment and anti-retaliation policies and procedures, and provide training for its personnel on these policies.
The settlement is a victory for Cummings, who was subjected to a hostile work environment. ‘It is illegal to harass someone because of sex, regardless of the sex of the victim or the harasser,’ said Acting Assistant Attorney General Jocelyn Samuels. ‘Title VII gives all employees the right to work in an environment that is free of sexual harassment.’
The case serves as a reminder that sexual harassment in the workplace is unacceptable and will be vigorously prosecuted. ‘Sexual harassment in the workplace is simply intolerable,’ said U.S. Attorney André Birotte Jr. ‘Today’s settlement with the California Department of Corrections and Rehabilitation helps ensure continued compliance and furthers our efforts to stamp out employment discrimination.’
Defendant: California Department of Corrections and Rehabilitation
Crime: Sex Discrimination
City and State: Sacramento, California
Date: July 2013
Sentence: Settlement agreement with $50,000 in compensatory damages
Dollar Amount: $50,000
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Key Facts
- State: California
- Category: Sex Crimes
- Source: DOJ Press Release â†â€â€
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