South-Western - Management  
Sunrise Office Sued in Sexual Harassment Case
Topic Equal Employment Opportunity
Key Words Sexual harassment, retaliation, EEOC
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News Story

A manager in the United Healthcare Sunrise office is being accused of sexually harassing an employee and then punishing the worker after he complained about the incidents. The Equal Opportunity Commission has filed a complaint on behalf of Daniel Wolansky, who alleged that a person in upper management sexually harassed him. When Wolansky complained, the EEOC lawsuit charges, United Healthcare disciplined him and denied him employee benefits.

The EEOC rarely goes to court, unless the situation is particularly egregious or high-impact. When the EEOC does go to court, they win 92.8% of the time.

The EEOC complaint states that Wolansky, an account executive at the company’s South Florida headquarters complained that a manager made ‘offensive comments’ about his personal and sex life, referred to him as ‘sweetie’ and ‘honey’ and made unwelcome requests for him to meet in the manager’s office rather than over the phone, because he was ‘much cuter in person.’ When Wolansky complained, the company retaliated, and made his work conditions so intolerable that he was forced to resign.

Retaliation claims have become easier to win in court based on the results of the Burlington Northern and Santa Fe Railway Co. versus forklift operator Sheila White case.

Questions
1.

What is the EEOC? Why is it so unusual for the EEOC to get involved in a lawsuit like Daniel Wolansky’s?

2.

Describe the process typically followed when an employer receives a complaint from the EEOC.

3.

Define retaliation.

4.

What impact could the Burlington Northern and Santa Fe Railway Co, versus forklift operator Sheila White case have on the Wolansky case?

Source “Sunrise Office Sued in Sexual Harassment Case,” Miami Herald, Oct. 3, 2006, pNA.
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