This blog originally founded by Blogger who holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Friday, November 4, 2011

Showing Disruption of Work Key to Success of Harassment Cases

Wall Street Journal 11/4/2011(Full article subscribers only)   Today’s Wall Street Journal is interesting on sexual harassment cases.  The key to success in a case is to be able to demonstrate disruption of work.  “It can’t just be
a one-time comment.”  For those cases quietly settled to make them go away, there is a clue to what chances the accuser had to win.  If it is a six-figure settlement, the case probably looked good.  Five figures, such as $35,000 or $45,000, “suggests the allegation is likely to hit significant headwinds” for the complainant.  "Six figures are often reserved for 'worst fact patterns' such as a supervisor repeatedly groping an employee, or a straight 'quid-pro-quo' when a boss tells an employee 'sleep with me or you're fired.'"  You are not going to settle those cases for $35,000," says the attorney interviewed.Enhanced by Zemanta

44 comments:

Reader said...

I just don't know what to think of Cain now. I liked him at first, now I'm having doubts. I'm now leaning toward Ron Paul for some reason...and wondering why Paul keeps winning polls. I'm getting more weary by the day. Who are you guys leaning towards?

Where is Honest Debate? He's abandoned us for greener pastures maybe...or the bridge. Doesn't mean he's not picking up the computer once in awhile.

Blogger said...

Someone today suggested that Cain is now being true to whom he is. He plans to pivot away from the story and run against the media. Many conservatives do not trust the media and don’t like the way they are playing this with anonymous stories, even if the story is true. Looking at the amount of money paid to settle things, it does look like a pretty weak case. Like Clarence Thomas, Cain is not a serial molester like Clinton. Molesters tend to repeat themselves. So given his history since, Cain is not one or he had the bejesus scared out of him years ago and was cured. Either way, I don’t see now how it affects getting America back on the right track and rid of this disaster now occupying the White House.

Sarkazein said...

If all can remember, sexual harassment went through a long period of discovery. Most found out by accident what it was. At first, sex or you're fired, molestation, was the first sexual harassment. Then it was "you look nice today" was sexual harassment. For a while it mattered what the harasser looked like. If it was Clooney, no problem. If it was Joe Shmoe, it was another story. Mr Cain probably fell in that unknown territory where the week before it wasn't a problem, then as in most liberal concepts, it grew to some bizarre mixture of whatever the lawyers could collect a little money on. One thing's for sure, it ain't equal.

Jack said...

This is terribly entertaining:

Just a couple months ago, you were berating Anthony Weiner for texting some pictures.

Now, you're discussing the philosophical finer points of sexual harassment.

Sarkazein said...

Yeah, that's the same.

Sarkazein said...

Look how dishonest you are Jack:

"Just a couple months ago, you were berating Anthony Weiner for texting some pictures."- Jack

"Some pictures" ??? You can't even write it... pictures of his penis Jack. To try and tie the two together is moronic at this point.

guy faulkes said...

I still like Cain. There are no specific allegations against him. All that has been said is that some were made in the past. Nothing specific is known of them. The accusers remain silent.

Apparently many people beleive as I do. As far as I have heard, Cain is still doing well in the polls.

Jeremiah Farmer Radio Hour said...

Like I predicted on my show days ago, this actually helped Cain. The actual article, (if you bother to read it), says the only thing he did was a "Not overly-sexual hand gesture." What is that??? The Politico has backed off of this, and it looks more and more like Cain is getting the Clarence Thomas treatment. We stil don't know who the women are, who leaked it, and we do know that one woman was a registered democrat. Cain wasn't even a part of the settlement for goodness sakes. Just another reason why we need loser pays in this country. Anyway, if you look at the polls, Cain has GAINED support, 2/3rds of SC voters don't even believe the story, and he has had record fundraising. Sounds like it helped him, like I said it would. While I haven't made my decision yet, I'm an even bigger Cain fan after this. If details come out that say he actually DID something, I'll condemn it. Unitl then, Raise Cain

Jack said...

Don't forget the man-boobs, Sark. And the lack of specifics is due to the non-disclosure agreements that were part of the settlements.

Still funny how you split hairs so finely based on political affiliation though.

Sarkazein said...

There is no comparison Jack. Only your desperate political ego searching in vain for the ability to discern.

Sarkazein said...

Jack wrote-" And the lack of specifics is due to the non-disclosure agreements that were part of the settlements."

And yet he tries to compare Weiner to Mr Cain and the idiot MSM has 95+ stories about it. That was the point in one of the original posts and several comments. Jack is, however unwittingly, proving the point.

Jack said...

My point is that both Cain and Weiner are sleazebags. But you seem to find Mr. Sleazebag (R-GA) to be morally and ethically acceptable. Surprise surprise.

And you realize that FoxNews is "mainstream media", right?

Sarkazein said...

You don't have a point Jack.

guy faulkes said...

Jack, I do not know if Fox News is mainstream media or not. Many times it has more viewers than the others combined and is "fair and balanced". If it is not mainstream, it should be.

I assume if you think Fox is mainstream that you also think others are lamestream because of their biased coverage, correct?

What proof do you have that Cain is a sleazebag? What specifically, did he do?

After all, someone could allege that you give out good grades in exchange for sexual favors from students of both sexes, but that would not make the allegations true.

Are you a dupe that makes up his mind because of unsubstantiated allegations, or do you merely use them to promote your bias against Cain?

Weiner admitted his malfeasance after it was proven.

Sarkazein said...

A liberal calling FOX mainstream media... now that's funny.

Sarkazein said...

One with multiple photos and the other with zip. But, when you have a complete inability to discern, as with most liberals, you get Jack-like comments.

Sarkazein said...

See Jack, if you had just waited until some evidence (not proof) came out, as it has, your comments would have had a point. Before there was any evidence, you made a decision based on nothing. Now your future comments on the Cain subject will be useless.

Jack said...

Yes, a year's salary was paid out because nothing happened. That's a good one.

But if you want to throw your support behind a sleazebag, have at it.

Anonymous said...

Would your school pay a years salary to keep you and it out of the press if these alligations had been made about you, Jack, or are you not important enough?

Where's your proof?

You're the reason liberals make bad members of a jury.

Blogger said...

Jack posted: "But if you want to throw your support behind a sleazebag, have at it."

Jack, thanks for getting this link up so quickly. It gave us a scoop.

Looks like this one is serious and if so, then he has to quit.

NewGuy said...

Well if Gloria Allred says it, then it must be true.
It would be nice though if we could get Al Sharpton to offer his views, then we would know for sure!

Sarkazein said...

This is what the election cycle is for. Obama being the exception, of course, the media does their job vetting candidates and we weed.
This same kind of news was out before Clinton was elected, but the Left cares not. We will see.

guy faulkes said...

As Anonymous and I have both asked, where is the proof?

Sarkazein said...

The proof would be - if she told others about it at the time it happened, if he has a history of that kind of behavior, if she doesn't have a history of false complaints, if she didn't get the job, or if she got the job.

Reader said...

Just heard her say on GMA, she went to a tea party rally and shook his hand. Most, if not all women, wouldn't shake the hand of someone who did what's she's claiming.

Sarkazein said...

Reader- I agree. To me, what she described would have been an assault of sorts. How do you go up and shake someone's hand that assaulted you and got away with it? Unless, you were showing him you're still around and the handshake was more of an in your face thing.
If it was just a pass, and there was no job thing included, then he was just a letch (assuming he was married at the time). If she threw in the "job offer" thing just for affect, then she's a liar and it's a whole different story. This story has a long way to go yet.

Sarkazein said...

Reader- So far, I am leaning in her direction. One would have to be a nut-case to bring a false charge into the public eye this way.

guy faulkes said...

Sark, what you mention is not proof. The closest thing would be if she had made the SAME alligations to someone at the time it happened or if she had went to the police. Even then, her associates are as suspect as she is when it comes to believability.

To be fair to her, if she does have a history of false complaints, that would not mean she lied this time. I admit, it would certainly cast doubt on her alligations.

As she did not work for Cain at the time, it would not have been sexual harassment, but assault. She made no police report.

Very good point, Reader. A normal person would either have not went near him or confronted him over the issue. They certainly would not have shook his hand.

guy faulkes said...

Sark, Dick Morris says she is doing this to make money. He feels she wants T.V. appearances, a book deal, or something along those lines.

This does not make her a nut case if true. A con artist, maybe; I am not certain of the proper term for someone that would do this.

NewGuy said...

Sark said:
"Reader- So far, I am leaning in her direction. One would have to be a nut-case to bring a false charge into the public eye this way. "


Sark, it's very rare that I disagree with you, but I will on this one.

I have NO idea whether Cain did what he is accused of or not. But, I would not be surprised at any false accusations or dirty politics that might occur in a presidential election.

Unfortunately, her story doesn't have to be true to have an impact on Cain's campaign. I have always felt that he didn't have the campaign infrastructure or the funds to take it all the way to the nomination - and this isn't going to help fund raising no matter what else may come of it.

Sarkazein said...

NewGuy- I said I am leaning, not fully decided yet. We may not be disagreeing so much. She comes from Chicago, if she is in politics there she would be capable of anything.
Where we may disagree is rather or not she would do something so life changing as to jump into a national campaign with such a lie (if not true). She would have to be a mercenary or a nut or she's telling the truth.
She could be exaggerating because she embellished the story often over the years... I don't know... yet.

Sarkazein said...

Guy Faulkes- I think one would have to be a nut case to bring down an innocent person in order to get fame and fortune.
She, if lying, can feel secure in the fact that the MSM won't look hard into her background for clues.

Sarkazein said...

Guy Faulkes- the "proof" things I mentioned are used as proof. Unless they were car-pooling at the time, there wouldn't be any other eye-witnesses. If he didn't confess, or they weren't caught in the act on a traffic camera, there isn't much else that would be proof unless those things are used.
If someone comes up with a bounced check from him to her, then its a new ballgame.

guy faulkes said...

I must disagree, Sark. Proof proves something. There is no proof of the truth to any of these alligations, there are only conflicting statements. Also, in my opinion, a nut case does something for no sane reason. Monetary gain for falsely alleging something that cannot be proved is morally incorrect and despicable, but it is not insane. If it ccan be proven as a false claim, it will be illegal as would Cain's actions if the alligations are proven true.

Sarkazein said...

She lives in Axlerod's same apartment building.

Reader said...

Okay, I listened to Cain...I believe him.

guy faulkes said...

Reader, ditto.

Sarkazein said...

Did he point his finger at the camera? I haven't seen it yet.

Sarkazein said...

Well, he is either a pathological liar or old school (die with a lie on your lips if caught with another woman) or he is a victim of a complex conspiracy by people who have reached new depths of political treachery.

Reader said...

Sark, I'm pretty good at reading people...not great, but pretty good. By watching his face yesterday, he didn't seem like at liar. The woman had to continue looking down and reading...if something happened like she said, I don't believe I'd have to read it, it'd be in my mind. Now the AP has found one of the other women filed charges on another job. I could be wrong, but I don't believe he's lying.

Sarkazein said...

Reader- I want to believe you. He has been my first choice for the last few months.

There have been several women lately come forward about Romney too. They said he bored them all almost to death.

Reader said...

All I ask for is one person to have morals and integrity for the highest office in our nation. That's it. One minute you think you have a good candidate, then next a skeleton comes out. We all make mistakes through life, but marriage vows are taken seriously by me. I agree, he's been my choice as well...and until someone proves otherwise, he's gonna be my choice for now. I can throw my support toward Ron Paul, but for now I'll stay with Cain.

Are the media outlets pushing Mitt or does he actually have that many supporters?

guy faulkes said...

The media is indeed supporting Romney. He is a status quote liberal establishment Republican that they feel will continue to play the game as it now exists. They know how to deal with him. They are afraid of Cain.

guy faulkes said...

http://news.yahoo.com/ap-exclusive-accuser-filed-complaint-next-job-080946066.html

http://www.nypost.com/p/news/national/woman_obama_accused_herman_cain_YUPqjDLbeq89nhLTER8V6N

http://www.dailymail.co.uk/news/article-2058983/Murky-past-Herman-Cain-accuser-Sharon-Bialek-starts-emerge.html

http://www.realclearpolitics.com/video/2011/11/09/david_gregory_no_grand_wizard_in_gop_right_now_to_force_cain_to_go_away.html

These links concerning Cain are very interesting.