Employee Survival Guide®
The Employee Survival Guide® is an employment law podcast only for employees about everything related to work and your career. We will share with you all the employment law information your employer and Human Resources does not want you to know about working and guide you through various work and employment law issues. This is an employee podcast.
The Employee Survival Guide® podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 29 years. Mark has seen just about every type of employment law and work dispute there is and has filed several hundred work related lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment law and work issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision. Again, this is a podcast only for employees.
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Employee Survival Guide®
Sexually Hostile Work Environment: E.E.O.C. v. Mitsubishi Motor Mfg. of America, Inc
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What happens when a workplace becomes a breeding ground for harassment and discrimination? In this gripping episode of the Employee Survival Guide®, host Mark Carey uncovers the harrowing case of EEOC vs. Mitsubishi Motor Manufacturing of America, Inc. This landmark case serves as a stark reminder of the pervasive issues of hostile work environment sexual harassment and discrimination that can plague even the most seemingly reputable companies. With hundreds of women at Mitsubishi's plant facing a toxic environment throughout the 1990s, the chilling reality of a hostile work environment comes to light, showcasing the urgent need for employee advocacy and robust workplace culture.
As the episode unfolds, listeners will learn how Mitsubishi initially denied the allegations, only to eventually settle for a staggering $34 million—a testament to the severity of the claims and the undeniable evidence that emerged. This case not only highlights the importance of employee rights but also underscores the critical need for organizations to foster a safe and respectful workplace. The discussion dives deep into various forms of workplace harassment, including hostile work environment sex discrimination, race discrimination, and the often-overlooked issues of pregnancy and age discrimination. Mark emphasizes the long-term impacts of such behavior, not just on the affected employees but on the organization as a whole, making it clear that ignoring these issues can lead to devastating consequences.
Listeners will gain valuable insights into the proactive measures necessary to prevent hostile work environment harassment, including effective training, clear policies, and a strong commitment from leadership. The episode serves as a wake-up call for employers and employees alike, highlighting the necessity of navigating employment law issues and understanding workplace policies. With practical tips on negotiating severance packages and understanding employment contracts, this episode is a must-listen for anyone looking to empower themselves in their career and protect their rights in the workplace.
Join Mark Carey as he navigates the complexities of employment law and workplace issues, providing insider tips for employees facing work disputes and challenges. This episode of the Employee Survival Guide® is not just about survival; it’s about thriving in a world where workplace discrimination and harassment still exist. Tune in to learn how to advocate for yourself, ensure a fair work environment, and contribute to a culture of respect and accountability. Don't miss this crucial conversation that addresses the ongoing challenges in tackling workplace harassment and the continuous journey toward improvement in company culture.
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For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.
We talk a lot about workplace equality. You know fair treatment. It's a nice idea.
Speaker 2It is.
Speaker 1But if you actually look under the surface at what's really going, on the reality is sometimes pretty different.
Speaker 2Absolutely.
Speaker 1And today we're looking at one of those stories, a legal case. This one really brings some of these hidden problems to light.
Speaker 2It does, yeah, and we're going to take a deep dive into it. Eeoc versus Mitsubishi Motor Manufacturing of America, inc. And this is not just some dusty old legal case. It's a really powerful example of how we think about and deal with workplace harassment.
Speaker 1Absolutely, and we've got a bunch of different sources here the court documents, news articles, even statements from Mitsubishi themselves, plus some research papers to give us the bigger picture about workplace discrimination and harassment.
Speaker 2Yeah, and what we really want to do is pull out the most important insights from all of this for you, our learner. You know, what does this case tell us about? What goes on at work? What's the real impact when things go wrong? Yeah, and how do we create a workplace that's actually fair and respectful? So let's jump right into this Mitsubishi case.
Speaker 1Okay, so EEOC versus Mitsubishi Motor Manufacturing of America Inc. Sounds very, very official.
Speaker 2It does.
Speaker 1But what was the real story here?
Speaker 2Well, at the heart of it, it was a class action lawsuit started by the Equal Employment Opportunity Commission, we call it the EEOC. They were suing Mitsubishi's factory in Normal Illinois.
Speaker 3Got it.
Speaker 2And class action. That just means a bunch of people who have all been hummed in a similar way. They come together to sue Right so the EEOC. They were acting on behalf of hundreds of women who worked at this plant.
Speaker 1Wow, hundreds, yeah, ok.
Speaker 2And they were alleging some pretty serious stuff Sexual harassment that was widespread and systematic.
Speaker 1Right. And when we say widespread, I mean the sources we've got here paint a really, really awful picture, unwelcome and offensive, touching. They say sexual graffiti everywhere. Just awful jokes, right, and even worse, women were afraid to speak up because they might get punished.
Speaker 2Yeah, it's pretty shocking it is. The scale of harassment that they were alleging is pretty staggering Hundreds of women and over a long period of time throughout the 90s.
Speaker 3Right.
Speaker 2This wasn't just a few isolated things happening. They were saying this was just part of the culture at the plant.
Speaker 3Yeah.
Speaker 2I mean, can you imagine going to work every day in that kind of environment?
Speaker 1It's hard to imagine.
Speaker 2Yeah.
Speaker 1So Missy Bishi gets hit with these accusations. What do?
Speaker 2they do Well. At first they denied everything.
Speaker 1Really.
Speaker 2Yeah, Typical for a big lawsuit. You know they downplayed it. They said it wasn't that bad, not that many people involved.
Speaker 3Okay.
Speaker 2But as the case went on, as more evidence maybe came out, their story started to change.
Speaker 1Yeah, I mean it did change, because this never actually went to trial, Right.
Speaker 2They settled right, they did yeah, and for a lot of money too. Yeah.
Speaker 1So I wonder why they changed their tune so much.
Speaker 2Right, yeah. Well, they ended up settling with the EEOC for $34 million $34 million. Yeah, Massive amount of money. I mean at the time it was one of the biggest settlements the EEOC had ever gotten for a sexual harassment case.
Speaker 3Wow.
Speaker 2It really shows you how seriously they were taking it.
Speaker 3Yeah.
Speaker 2And I mean that sent a really strong message to companies If you let this kind of thing happen, you're going to pay for it.
Speaker 1Right Literally.
Speaker 2Literally. But it wasn't just about the money, was it? Didn't they have to do some other stuff too? They did Like.
Speaker 1I think I saw something about a consent decree.
Speaker 2Right, yeah, that was part of the settlement a consent decree. It's basically a legal agreement that the court makes sure you stick to. Okay, and this one was in place for several years. It made Mitsubishi change a whole bunch of their policies and how they did things Got it. So it wasn't just here's some money go away. They actually had to make changes.
Speaker 1And someone was watching to make sure they did that right.
Speaker 2They did. Yeah, they had to have a consent decree. Monitor someone from outside the company looking over their shoulder, you know, making sure they were implementing the changes, reporting back to the court.
Speaker 1So they really couldn't mess around? No, they had to take it seriously.
Speaker 2Absolutely.
Speaker 1And I'm sure all this had a huge impact on how people saw Mitsubishi.
Speaker 2Yeah, I mean their reputation must have taken a major hit. A case this big with such serious accusations, that sticks with you. I mean, would you want to buy a car from a company with that kind of baggage?
Speaker 1Probably not.
Speaker 2Exactly, it might make it harder to get good employees too. Yeah, people want to work for a company they feel good about.
Speaker 3Right.
Speaker 2It really shows you that what's going on inside a company, how they treat people, that affects everything.
Speaker 1And it's really interesting to look at what Mixie Beachy's been saying lately.
Speaker 2It is yeah.
The Mitsubishi Case: Accusations and Settlement
Speaker 1Because in their statements now they're all about positive work environments and diversity. Like they've learned something from all this.
Speaker 2It seems that way. I mean a lot of organizations after something like this. They try to make changes, learn from their mistakes.
Speaker 3Yeah.
Speaker 2So they say they're committed to building a better workplace. Yeah, which is a good thing, right, but it's important to remember changing a company's culture, especially after something this big. That takes a long time and it takes real effort.
Speaker 1Definitely Okay. So we've talked about the Mitsubishi case. Now let's zoom out a little, look at the bigger picture of harassment in the workplace, and we've got some research here to help us do that.
Speaker 2Okay.
Speaker 1This first one is called workplace harassment and organizational justice perspective. What are the main points from this one?
Speaker 2Well, this article. It gives us a good way to define workplace harassment. Basically, it's behavior that's unwelcome, it's based on things like a person's sex, race, those kinds of things, and it creates a hostile work environment.
Speaker 3Right.
Speaker 2And what this paper does really well is it looks at how this affects people. It's not just about being uncomfortable at work. It can have really serious consequences. People can get stressed out. Obviously they might not like their jobs anymore.
Speaker 3Yeah.
Speaker 2But it can even lead to physical health problems, wow. Or it might make it harder for them to get promoted, you know, move up in their careers.
Speaker 1Yeah, I can see that.
Speaker 2Yeah, it really can mess up your whole life.
Speaker 1And yeah, I can see that. Yeah, it really can mess up your whole life, and it's not just bad for the employees right, no, no. This article talks about the costs for companies too.
Speaker 2Exactly, yeah, it can cost a lot of money, not just from lawsuits, but when employees are unhappy, they don't work as well.
Speaker 3Yeah.
Speaker 2They might take more sick days. And then there's the whole reputation thing we talked about, which can affect profits.
Speaker 3Right.
Speaker 2Right. So creating a workplace where people feel respected, it's not just the right thing to do morally, it's also good business.
Speaker 1Definitely Makes sense. So what's this organizational justice perspective? What's that about?
Speaker 2Right? Well, that's a really interesting part of this paper. They're saying that fairness is really important in how employees experience and respond to problems at work, including harassment. So they break this idea of fairness down into a few parts. Okay, distributive justice, that's about outcomes. Do people get fair promotions? Is the pay fair?
Speaker 1Okay, that makes sense.
Speaker 2Then there's procedural justice. Okay, that's about how decisions get made. Are the processes fair?
Speaker 3Right.
Speaker 2And then the last one. This is really important for harassment Interactional justice.
Speaker 3Okay.
Speaker 2That's just about how people are treated day to day Like are they treated with dignity and respect? Right, and think about those lewd jokes and the touching we talked about at Niki Bishi. That wasn't just breaking a rule, it was showing those women that they weren't respected.
Speaker 3Right.
Speaker 2And what this paper says is that when people feel like things aren't fair, they're less likely to report harassment.
Speaker 1That's interesting.
Speaker 2Even if they see it happening to someone else, they might not say anything.
Speaker 1Yeah, I could see that.
Speaker 2So it's really important for companies to have clear policies, you know, rules that everyone understands and that are applied fairly, and they need ways for people to report harassment that are confidential, that people feel comfortable using, and when they do investigate, those investigations have to be fair and thorough.
Speaker 1Right, so people have to trust the system.
Speaker 2Exactly.
Speaker 1Otherwise they're not going to use it and the problems are just going to continue.
Speaker 2Exactly, which brings us to our next source.
Speaker 1Okay, this one's called Preventing Discrimination and Harassment in the Workplace. Okay, so this one is more about what companies can do to prevent these problems in the first place.
Speaker 2Exactly, yeah, this one really focuses on being proactive. Don't wait for something bad to happen. Try to stop it from happening at all.
Speaker 1Okay, how do they suggest doing that?
Speaker 2Well, one big thing is training. Make sure all your employees understand what harassment is, what's acceptable and what's not.
Speaker 1Yeah, that makes sense.
Speaker 2And then you need clear codes of conduct. You know written rules that say exactly what's not allowed.
Speaker 3Right right.
Speaker 2And maybe the most important thing, the leadership has to be on board. They have to show everyone that they're serious about this.
Speaker 1Lead by example.
Speaker 2Exactly If the leaders don't care, then nobody else will either. Makes sense and it won't matter what kind of policies you have.
Speaker 1Right. What about specific training programs?
Speaker 2Right, yeah, so this source talks about bystander intervention training. What's that it's about giving people the tools to step in. You know, if they see something that's not right, okay. Even if it's not happening to them directly, like maybe someone's telling a defensive joke, yeah, this training helps people know how to say something, how to shut it down.
Speaker 1I can see how that could be really helpful.
Speaker 2It can. It's about changing.
Speaker 1Yeah, ok. So training, codes of conduct, leadership, buy in. What about the law Like what are companies legally required to do?
Speaker 2Right? Well, this source makes it clear that employers have a legal responsibility to prevent harassment. They have to provide a safe work environment for everyone. Yeah, that means having those policies in place, making sure people know how to report problems and actually doing something to stop harassment, if it happens, makes sense, it's not just a nice idea. Harassment, if it happens, makes sense. It's not just a nice idea, it's the law Got it and the thing is what counts as harassment? That's changing all the time.
Speaker 3Right.
Speaker 1This source mentions online harassment, which is a big issue now, and something called microaggressions. Microaggressions I'm not sure I know what that means yeah.
Speaker 2So those are like little things, subtle things that might not seem like a big deal on their own.
Speaker 3OK.
Speaker 2But they can be hurtful, they can be discriminatory and when they happen over and over again, they create a really negative environment.
Speaker 3I see.
Speaker 2So companies have to keep up with all this.
Speaker 3Right.
Speaker 2They need to adapt their training and policies to make sure they're covering all the bases.
Speaker 1So let's bring it back to the Mitsubishi case.
Speaker 2OK.
Speaker 1How does that whole story illustrate what we've been talking about here with this research? Like the company denying everything at first.
Speaker 2Yeah Well, mitsubishi is a perfect example of what can go wrong when a company doesn't take this stuff seriously. Well, that harassment happening for years, right, and them just saying, oh no, it's not a problem, right? It shows you that if you don't have a good system in place, a system people trust, you're not going to know what's really going on.
Speaker 1Right and the fact that they needed the EEOC to come in and force them to make changes.
Speaker 2Right.
Speaker 1That says something too right.
Examining Workplace Harassment Research
Speaker 2It does. It shows that sometimes companies can't or won't fix themselves. They need someone from the outside to come in and say this is how it's going to be.
Speaker 1Okay, we've got another research paper here Sexual Harassment in the Workplace Developments in Theory and Research. What does this one add to the conversation?
Speaker 2Well, this one really digs into why sexual harassment happens in the first place, and they present a few different theories about that. Okay, so one idea is that it's all about power. Okay, you know, some people have more power than others at work.
Speaker 3Yeah.
Speaker 2And they might use that power to harass people.
Speaker 1Makes sense.
Speaker 2Another theory focuses on the overall culture of the workplace. Okay, Like what are the values? What are the norms? Do people feel like they could speak up if something's wrong?
Speaker 1So it's not just about a few bad apples.
Speaker 2No.
Speaker 1It's about the whole barrel.
Speaker 2Right. The environment itself can either encourage or discourage harassment.
Speaker 1That's a good way to put it.
Speaker 2And this paper also looks at how common sexual harassment is, and it comes in all different forms, you know, from stuff like offensive jokes to unwanted touching, even to forcing someone to do something sexual.
Speaker 1That's awful.
Speaker 2It is.
Speaker 1And it sounds like it's pretty hard to study this stuff.
Speaker 2Yeah, trying to measure sexual harassment, that's really tough. A lot of people don't report it, you know, and everyone has a different idea of what it is.
Speaker 1Yeah, I can imagine.
Speaker 2It's sensitive, it's personal. So researchers have to be really careful how they study it. Ok To get good information.
Speaker 1Last thing, we have those statements from Mitsubishi Motors North America. Right, what are they saying now?
Speaker 2Well, these days, they're really emphasizing their commitment to diversity and inclusion, creating a respectful workplace.
Speaker 3OK.
Speaker 2Which you know. After everything that happened, that makes sense.
Speaker 3Right.
Speaker 2They're talking about the steps they've taken to make things better.
Speaker 3Right.
Speaker 2New policies, training programs, things like that.
Speaker 3Right.
Speaker 2And they talk a lot about accountability, you know, making it clear that if you harass someone, there will be consequences.
Speaker 1Yeah, but as we said before, changing a whole company culture, that's not easy.
Speaker 2It's not, it takes time, it takes a real commitment.
Speaker 1Definitely so. Putting it all together, what are the big takeaways here from this Mitsubishi case and all this research?
Speaker 2Well, the Mitsubishi case. It's a really stark reminder of what can happen when harassment is allowed to go unchecked.
Speaker 3Yeah.
Speaker 2Both for the individuals involved and for the company.
Speaker 3Definitely.
Speaker 2I mean $34 million.
Speaker 3Yeah.
Speaker 2That should make any company sit up and take notice, and it's clear that if you want to prevent harassment, you can't just have a policy you know, sitting in a drawer somewhere.
Speaker 3Right.
Speaker 2It's got to be more than that. You need clear rules that everyone understands and you need ways for people to report problems that they feel good about Right. You need fair investigations and, most importantly, you need leadership that shows they care about this stuff, that they're going to hold people accountable, right and those employees. They need to trust the system. They need to believe that if they report something, it'll be taken seriously.
Speaker 1Right, and even when there's a settlement, like Mitsubishi paying all that money, it doesn't really fix everything.
Speaker 2It doesn't.
Speaker 1You know the people who are harassed. They might get some money but that doesn't erase what happened the emotional damage, the impact on their careers. That can last a long time.
Speaker 2Absolutely. Money can't fix everything and even if a company like Mitsugishi, they try to make things better, that's an ongoing process. It's not like you flip a switch and everything's fixed.
Speaker 1Definitely, and it's interesting too what counts as harassment. That keeps changing, like with online harassment and those microaggressions. We have to keep learning and adapting.
Speaker 2We do.
Speaker 1And it's not just about reacting to problems.
Speaker 2Right.
Speaker 1It's about preventing them from happening in the first place.
Speaker 2Exactly being proactive.
Speaker 1So we've really gone deep on this topic today.
Speaker 2We have.
Speaker 1The Mitsubishi case, all the research. It really shows you how complex this issue is.
Speaker 2It does.
Speaker 1And how important it is to create workplaces where everyone feels safe, everyone feels respected.
Speaker 2Yeah, I mean, understanding this stuff is crucial.
Speaker 3Yeah.
Speaker 2If we want workplaces where people can thrive, you know, reach their full potential.
Speaker 1Right, exactly, and so we'll leave you with a question to think about. You know, after everything we've talked about, what do you think is the most important thing a company can do to stop harassment and discrimination?
Speaker 2right. Keep thinking about these issues. You know, pay attention to what's happening around you definitely and thanks for joining us for this deep dive thanks for being here.