Wayne Yoshigai
John Mackey
Aaron Alexis had just started a
contracting job on base
Granted security clearance
Shot and killed 12 people
No apparent motive
Aaron Alexis had just started a
contracting job on base
Granted security clearance
Shot and killed 12 people
No apparent motive
Warning Signs
Arrests: 2010 for discharging a weapon within city limits, 2008 for
disorderly conduct, and 2004 for malicious mischief when he shot tires of
another man’s vehicle. None of the arrests led to prosecution.
Went to ER twice in a month before shooting for insomnia
In weeks before shooting, called police to his room and complained about
hearing voices and being followed by people sending vibrations into his
body. Police informed naval station.
On August 2nd, he filed a police report, he complained to human
resources about “hearing voices” but they thought he was referring to
actual voices and moved him to a new hotel twice.
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Respectful workplace/zero tolerance
Physically secure workplace
Education re policy and conflict resolution
Seeing the signs
Use available employee support services
Intervene early
Take appropriate action
Workplace Bullying
Jonathan Martin: 6’ 5” 312 lbs : victim of workplace bullying
He can’t be a victim, they were friends!
◦ Victim making friends with an abuser is a common coping mechanism, according to a the
psychologist consulted for the report.
But he never complained!
The Judas Code
Player “A”
Martin was not the only victim.
“The contrast between the Dolphins’ formal
anti-harassment policies and the reality of
the Dolphins’ locker room is striking.”
Report to the NFL Concerning Issues of
Workplace Conduct at the Miami Dolphins, p. 47.
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Bullying can be harassment
What kind of harassment policy do you have?
Only protected category or any?
Anybody can be a victim – or abuser
Don’t tolerate unacceptable behavior just
because a possible victim does
Don’t permit a ‘code of silence’ to thwart
your policy
Just because there is no law that prohibits
“bullying” per se, do not think you do not
need to be concerned about it
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Car dealership in New Mexico was accused of
same-sex sexual harassment, mostly performed
by the lot manager James Gallegos
Conduct included:
◦ Bit one of the charging parties and other male
employees on the penis
◦ Frequently grabbed, slapped and/or touched male
employees on the penis, buttocks and other parts of
their bodies
◦ Frequently exposed his penis and bare buttocks,
including slapping his penis against the front storeroom
window
◦ Frequently made comments about the penis size and/or
buttocks of male employees
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Conduct included:
◦ Frequently solicited male employees to engage in sexual
relations for money
◦ Frequently would kneel in front of a male employee, try
to pull the employee’s pants down, and attempt or
pretend to perform oral sex
◦ Frequently attempted and/or pulled down the pants of
male employees
◦ Frequently made sexual comments, jokes and
solicitations to male employees
◦ Wrestled down male employees to touch their private
parts or to force their face into Gallegos’ crotch area
◦ Sexual conduct/comments occurred at least several
times each week or sometimes several times in a day
What
Gives?
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Settlement for $2.1 million on March 27,
2014
◦ Charging parties frequently complained to
management
◦ Management knew of Gallegos’ conduct and
frequently encouraged and/or requested him to
engage in it
◦ Human resources knew or should have known of
Gallegos’ conduct
◦ Retaliatory action, including termination, of the
charging parties led to injunctive relief
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Although there is a conflict between appellate
courts, the EEOC continues to litigate samesex harassment cases
Horseplay or hazing is not a defense
Management knowledge and encouragement
will lead to punitive damage awards
Most bullies are men, and men often bully
other men. But there are exceptions…
Motorboating in the workplace…
Meet Pam Matranga, Texas constable
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Matrangas was an elected constable
Gist, a 55 years old deputy constable, claimed that he
was subjected to sexual harassment conduct:
◦ 5/16/11: Asked Gist’s fiancée if she could give him a
blowjob
◦ 6/14/11: Joked with Gist that he should attend “chunky
chick night” at a local strip club where she could perform.
She lifted one leg over Gist’s chair armrest and began
making gyrating motions with her hips
◦ 6/23/11: Farted in Gist’s presence then rubbed the
clothing area covering her vagina and stated “Why can’t I
get a man?”
◦ 7/12/11: Walked behind Gist and pulled her shirt over his
head and held his head in her cleavage in a headlock for
several seconds. Also with other male employees
◦ 7/13/11: Walked into Gist’s office and said “I spilled some
coke on my canooki.” Ask Gist and another male employee
if they “wanted to have some of it.”
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Gist, a 55 years old deputy constable, claimed that he
was subjected to sexual harassment conduct:
◦ 7/28/11: When Gist reached for a pen he dropped on the
floor, Matranga said, “While you’re down there, why don’t
you help yourself to some duck taco.”
◦ 8/17/11: When discussing a paid leave with Gist, Matranga
said she should get something in return and parted her
legs, made a puckered lips facial expression with raised
eyebrows and used her hands to begin rubbing her inner
thighs near her vagina.
8/23/11: While passing by Gist, Matranga forcefully pushed
her breasts against his back and said, “I couldn’t help it—
they’re so big!”
◦ 10/19/11: Matranga approached Gist in the office and said
“Here, hold these” as she cupped her breasts in her hands.
◦ 10/26/11: Second “under the shirt” incident with Gist
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On 10/31/11, Gist was suspended without
explanation. He resigned on 11/2/11.
A jury awarded Gist $567,000 in damages.
Matrangas lost re-election in 2012. She claimed
Gist retaliated against her with the sexual
harassment allegations when she refused to
promote him.
While she denied the motorboating incident with
Gist, Matrangas admitted at her deposition doing
it with other deputies: “If anybody was in a bad
mood, like Phil was in a bad mood, I would say,
“Phil, or to anyone, ‘Do you need to go under the
shirt?’”
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Never underestimate what men and women
will do in the workplace
If it’s you or them, they’ll always hang you
Don’t be surprised if your “friend” uses your
conduct to shield him/her from negative
employment actions
No motorboating at work!
EEOC Guidance Religious Garb and Grooming in the
Workplace: Rights and Responsibilities
Q: When is a knife not a knife?
A: When it is a religious artifact.
10.
True or False:
A Hospital must allow a Sikh employee to wear
a ceremonial knife (Kirpan) at his waist for
religious reasons in spite of its policy against
bringing any weapon to the work place.
9.
True or False:
A company that provides guards to staff correctional
facilities can prohibit its employees from wearing
religious head covering based on its policy to prohibit
any hat or head covering due to security concerns
relating to smuggling contraband because there is a
presumption it would be an “undue hardship” to
accommodate a religious belief in direct conflict with a
policy legitimately addressing a security concern.
8.
True or False:
A company that manufactures sterile instruments can
require a Sikh employee to either (1) shave his beard or
(2) wear two facemasks in order to avoid
contamination.
7.
True or False:
A retail fashion store can refuse to hire an
applicant because she wears a Muslim headscarf
for religious reasons, which conflicts with the company
appearance policy that prohibits any head covering if it
can prove that its customers will not buy clothes from a
sales associate wearing a Muslim headscarf.
6.
True or False:
A burger chain can require a server to cover the
religious tattoos that encircle his wrists even though he
believes it is a sin to conceal them.
5.
True or False:
An airline can refuse to hire a Muslim who wears a
headscarf to work at the ticket counter because
passengers will think she is a terrorist sympathizer – it
is a reasonable accommodation to place her in the call
center instead.
4.
True or False:
A company may enforce its policy that men be clean
shaven even though the employee never states that he
maintains his beard for religious reasons.
3.
True or False:
A female front desk employee of a sports club who
wears modest dress for religious reasons may be
required to wear the full company uniform of tennis
shorts and polo shirt with company logo, instead of a
longer white skirt with the company shirt.
2.
True or False:
A Muslim bank teller who only wears her head scarf
during the month of Ramadan does not need to be
accommodated because she does not have a “sincerely
held” religious belief.
1.
True or False:
A burger chain employee who suddenly starts growing
his hair long in spite of company policy does not need
to be accommodated until he has been a practicing
Nazirite for at least a full year.
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Carefully consider whether any employee’s
claimed religious practice can be
accommodated
Request explanation if you have a legitimate
reason to question the sincerity of the belief
Keep an open mind
THANK YOU!