Complaint just start of difficult process

Headaches prompt some to not report harassment

When a new manager arrived at the warehouse of a Connecticutbased cleaning service in 2017, he seemed indifferent to nearly everything about the job, except Jane.

Jane, 37, was a petite blonde working at the cleaning service to support her two kids as she separated from her husband. She was a focused employee who arrived early to load big boxes of toilet paper, soap and sanitizer into her Subaru and drive to restaurants, auto shops and corporate office parks around the state to restock supplies and clean.

Jane’s new manager repeatedly asked her out and made comments about her appearance, court documents and other records allege. When Jane reported the behavior to another supervisor, she was fired.

Like many women, Jane’s sexual harassment and subsequent termination forced her through a series of difficult hurdles as she navigated the state’s reporting system and courts. The experience took two years and redirected Jane’s career path.

Vast numbers of women choose never to report their sexual harassment to their employer or state or federal officials. Those that do report must shoulder the burdens of proof, time and possible career repercussions to win relief from the harm they suffered in the workplace.

For victims, just knowing where to turn can be hard. They must gather the courage to report. If they want help from the state or courts, they must figure out where and how to report before a statute of limitations expires. They may need to get a lawyer — a particular challenge for lowwage workers, advocates say. If they go to court, their case may gain the attention of the public, or their future employer.

And, of course, victims need to prove their case, all while dealing with the emotional and professional fallout of their harassment.

“The entire experience was just embarrassing,” said Jane, who filed a complaint with the state Commission on Human Rights and Opportunities in 2018 and won a settlement in 2019. Hearst is not using her real name nor her employers’ name to protect her privacy and her settlement.

A new state law that took effect Oct. 1 may help alleviate one challenge for victims seeking to report their harassment. The law lengthens the window of time in which a victim of sexual harassment can report their experience to the CHRO from 180 days to 300 days from the time of discrimination.

“People are really hesitant to come forward. Usually by the time they get the courage up, their statute of limitations is up,” said Tanya Hughes, executive director of the CHRO. “(The new law) will result in an increase of cases being filed.”

The new law also extends the statute of limitations for many victims of sexual assault.

Importantly, the new law will also vastly expand sexual harassment training in Connecticut. Starting in October, all companies with three employees or more must train their managers and staff on sexual harassment within six months of hire and every 10 years subsequently. Previously, only large companies had training required and it only applied to supervisors.

“If we don’t educate nonsupervisory employees about sexual harassment, how will they know when it is happening to them?” asked Catherine Bailey, deputy director of the Connecticut Women’s Education and Legal Fund. “How will they know where to go to report?”

Reporting saga

Jane received no sexual harassment training from the cleaning business, where she worked for just shy of one year. She only discovered what she experienced was sexual harassment by going on the state’s website, she said.

As she read the webpage, she thought of her manager’s persistent sexual advances.

When Jane went on a coffee run for the company’s fiveperson staff, Jane’s manager followed her to Dunkin’ Donuts and catcalled her, her complaint said. When she wore shorts, the manager called petite Jane “pasty legs.” Within weeks of meeting her, he texted Jane about how he broke up with his girlfriend and had feelings for her, her complaint said.

Another supervisor witnessed some of this behavior and said nothing, Jane’s complaint said. When Jane reported her manager’s behavior to the supervisor, the oncefriendly supervisor grew cold to her, she said.

The supervisor restricted her use of the company car, her complaint said. The supervisor said he would investigate her report of sexual harassment, but one day later, he fired Jane by text message, claiming she misused the company car by taking it home. Jane said she had permission to do so.

“It was easier to replace me than to retrain a new manager for six weeks,” Jane said. “I felt like a piece of garbage, basically. I got fired from this particular job, where honestly anybody could do that job. So I felt useless, pathetic … and then I just got angry. I didn’t do anything wrong, and the laws are cut and dry.”

After reading online, Jane decided to file a complaint, she said. She composed it on her own with some guidance from the CHRO. Soon, her supervisor responded with his written defense. Then, it was time for mediation at the CHRO office in Waterbury.

At the meeting, Jane felt uncomfortable when she had to sit near her former boss after checking in for mediation, she said. The awkward moment ended when officials swept Jane into one room and the supervisor into another.

“At the mediation, they put you in this little uncomfortable room and there’s a box of tissues and cups,” said Jane. “This guy comes in and he’s got a cold. He’s miserable. He doesn’t want to be there. He says, ‘So tell me your story.’ He didn’t care at all.”

After a long wait, the mediator informed Jane no agreement could be reached with her boss, she said. Jane decided to request a release of jurisdiction, allowing her to take her case to court.

Unbeknownst to Jane, that move started a ticking clock, she said. She didn’t want to represent herself in court and she now had 90 days to find an attorney.

Jane searched the web and made numerous calls to lawyers who mostly refused her case, she said. As she grasped for help, she felt like her world was collapsing. Jane’s mother was dying. She was getting divorced. She had no job and two children to feed. A tornado struck Connecticut, knocking out her power for two weeks.

Jane was overwhelmed, despondent and not eating, she said.

Finally, Jane found an attorney who agreed to hear her out. At first, the lawyer said he couldn’t help her. But, after some persistence, he agreed to meet and accepted her case.

Relieved, Jane poured out her story to the attorney. After listening, Jane’s attorney realized she originally filed her CHRO complaint against a shell company and that could limit the damages she might receive.

With two days before the 180day window closed, he filed a new CHRO complaint on Jane’s behalf. Hearst Connecticut Media reviewed Jane’s complaint and subsequent lawsuit as part of an analysis of five years of sexual harassment complaints filed with the CHRO.

From then on, Jane’s attorney handled most of the appearances and paperwork of her case. But still, it was hard for Jane to have a normal day, she said. Jane moved in with her parents to care for her mother, who died shortly thereafter, she said.

Depression and paranoia set in. Jane started devouring books about lawsuits, she said. She obsessively texted her lawyer questions about the case. And she wondered how her decision to report would impact her future.

“I now have something with my name on file with the court so everybody can look it up,” she said. “Will that hinder me from getting a job? …I have two kids I have to feed. So if I can’t get a job because of this, on top of everything else …”

After many months, Jane was deposed in New Haven as part of her suit. Afterwards, her employer decided to settle. A few rounds of demands and counteroffers later, an agreement was reached. Jane won a financial settlement and had to sign a nondisclosure agreement.

“I think I did the right thing,” Jane said. “I think if someone else is in this situation, they should take action.”

Mixed record

The CHRO is the gateway between victims of sexual harassment and the civil court system. Connecticut residents must file their complaints with the Commission or the EEOC before going to court. The system is intended to resolve some cases and weed out others before they head to court.

The CHRO’s staffing has stayed relatively level at around 72 employees, although its caseload has increased over the years. A predicted spike in cases with the new state law will allow the CHRO to hire another investigator and attorney, Hughes said.

“CHRO as agency is committed to protecting employees’ rights, but it’s understaffed and underfunded so it takes cases longer than they should,” said Deborah McKenna, an attorney at New Havenbased Hayber, McKenna & Dinsmore LLC who has represented victims of sexual harassment for 20 years. “There is a perception that it is hard to get employers to take it seriously.”

Still, the federal Equal Employment Opportunity Commission, where people who work for companies with 15 or more employees can filed complaints, is even less plaintifffriendly, said McKenna. The EEOC can issue rulings without the victim ever seeing their employers’ response to the complaint — or getting an opportunity to rebut it, McKenna said.

“I think it’s a very mixed record,” said Sharyn Tejani, director of the Time’s Up Legal Defense Fund. “But I know both complaints and settlements have gone up.”

As is true in other parts of the justice system, lowincome workers may face more hurdles than wealthier individuals.

“If you are a lowwage worker, the amount of damages you are able to get is hooked onto your wages,” Tejani said. “These pieces can make it hard to find an attorney (to take a case) as well.”

The CHRO system is designed not to disadvantage individuals without attorneys, Hughes said.

“Our investigators do the primary bulk of the work anyway,” Hughes said. “We assist the complainant with drafting their complaint and with the process. So there is no advantage to having an attorney in the investigation stage. And in the public hearing stage, our attorney becomes the plaintiff ’s attorney.”

Jane, who handled her CHRO case without an attorney, said, “You can do it without a lawyer, but it is difficult to go through it without a lawyer.”

Jane’s experience of representing herself pro se, finding an attorney and pursuing her case motivated her to find a new career where she can help others facing legal challenges. With her case concluded, she is now working as a legal assistant in Connecticut.