Landy Veal Company and
DECISION OF THE COMMISSION
After reviewing the testimony and documentary evidence submitted at a public hearing on November 14, 1995, the Commission finds and rules as follows:
1. Lisa Goodell, complainant, was employed by Landy Veal Company and Lowell and David Landy from March 6, 1989 until June 6, 1990.
2. Although originally hired as a secretary, she received regular raises and a promotion to office manager.
3. During the course of her employment, David Landy subjected complainant to verbal comments such as off-color jokes, asked her what her bra size was and said he had heard she was a bad sex partner.
4. The verbal comments were made on a regular basis.
5. During the course of her employment, David Landy frequently touched the complainant in unwelcome, sexual ways by touching and rubbing her legs and pinching her on her backside.
6. The unwelcome, sexual touching occurred as often as three to four times per day when David Landy was in the office.
7. That another employee, Terry Ancielli, appeared as a witness. She observed the touching, verbal comments and actions of a sexual nature by David Landy toward Lisa Goodell. The witness herself was subject to the same conduct.
8. Ms. Anicelli testified that both she and Lisa Goodell told David Landy to stop his sexual behavior and that Ms. Anicelli and Ms. Goodell agreed that Ms. Goodell would speak with Lowell Landy to request that the unwelcome behavior stop.
9. The complainant also indicated to David Landy that his conduct was unwelcome by repeatedly telling him to stop. She refused to get closer to him than arm's length.
10. On or about May 24, 1990, the complainant spoke to co-owner Lowell Landy and asked him to tell David Landy to stop the unwelcome behavior.
11. Thereafter, David Landy became non-communicative, withdrawn and refused to respond to questions to either Lisa Goodell or Terry Anicelli.
12. Complainant went on vacation the next week. While on vacation, Lowell Landy terminated her employment.
13. The Employee Separation Record of Landy Veal Company dated June 7, 1990 indicates that Ms. Goodell was "Laid-Off" because of "No Work" and not because of unsatisfactory work or poor performance.
RULINGS OF LAW
1. The Commission rules that David Landy and Landy Veal company discriminated against the complainant based on her sex, female, in violation of RSA 354-A and Title VII of the Civil Rights Act of 1964 by subjecting her to hostile work environment sexual harassment.
2. The Commission rules that David Landy is personally liable for damages resulting from the harassment.
3. The Commission rules that complainant was terminated from her employment in retaliation for having complained about the hostile work environment.
The commission orders that David Landy pay to the complainant the sum of $7,608 in damages for lost wages. At the time of termination, complainant earned $300 per week from respondent. She subsequently obtained employment from the City of St. Johnsbury, Vermont, where she is still employed, at the rate of $240 per week. The differential in weekly earnings was $60.00. Complainant was entitled to this differential until the closing of Landy Veal Company in October, 1993, a period of three years and four months, for a total of $10,392. Because her employment with St. Johnsbury included fully-paid health insurance, the Commission applies a 20% adjustment of $2,784 reducing the damages due to $7,608.
Commissioner John Couglin, Esquire
Commissioner Loren Jean
Commissioner Ralph Brickett
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