Employee Survival Guide®
The Employee Survival Guide® is an employees only podcast about everything related to work and working. We will share with you all the information your employer does not want you to know about working and guide you through various work and employment law issues.
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 28 years. Mark has seen just about every type of 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 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.
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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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This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!
What happens when workplace harassment goes unchecked? The landmark EEOC vs. Mitsubishi Motors case provides a sobering answer. Join us as we dissect one of the most significant sexual harassment lawsuits in American history, where hundreds of women at a manufacturing plant faced systematic abuse that led to a staggering $34 million settlement.
We unpack the shocking details of what these women endured—unwelcome touching, sexual graffiti, offensive jokes—and the culture of fear that prevented them from speaking up. The case reveals how Mitsubishi's initial denial strategy crumbled, resulting not just in financial penalties but a court-mandated overhaul of their workplace policies with external monitoring to ensure compliance.
Looking beyond this single case, we explore cutting-edge research on workplace harassment, including organizational justice theory and the real costs of toxic work environments. The consequences extend far beyond legal settlements, affecting everything from employee health to company reputation. We examine modern prevention strategies like bystander intervention training and discuss how definitions of harassment continue to evolve in our digital world.
Whether you're a manager, employee, or business owner, this episode offers crucial insights into creating workplaces where everyone feels safe and respected. The Mitsubishi case may be decades old, but its lessons remain profoundly relevant today. After all, addressing harassment isn't just about compliance—it's about fostering environments where all employees can thrive.
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
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 2:It is.
Speaker 1:But if you actually look under the surface at what's really going, on the reality is sometimes pretty different.
Speaker 2:Absolutely.
Speaker 1:And today we're looking at one of those stories, a legal case. This one really brings some of these hidden problems to light.
Speaker 2:It 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 1:Absolutely, 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 2:Yeah, 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 1:Okay, so EEOC versus Mitsubishi Motor Manufacturing of America Inc. Sounds very, very official.
Speaker 2:It does.
Speaker 1:But what was the real story here?
Speaker 2:Well, 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 3:Got it.
Speaker 2:And 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 1:Wow, hundreds, yeah, ok.
Speaker 2:And they were alleging some pretty serious stuff Sexual harassment that was widespread and systematic.
Speaker 1:Right. 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 2:Yeah, 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 3:Right.
Speaker 2:This wasn't just a few isolated things happening. They were saying this was just part of the culture at the plant.
Speaker 3:Yeah.
Speaker 2:I mean, can you imagine going to work every day in that kind of environment?
Speaker 1:It's hard to imagine.
Speaker 2:Yeah.
Speaker 1:So Missy Bishi gets hit with these accusations. What do?
Speaker 2:they do Well. At first they denied everything.
Speaker 1:Really.
Speaker 2:Yeah, Typical for a big lawsuit. You know they downplayed it. They said it wasn't that bad, not that many people involved.
Speaker 3:Okay.
Speaker 2:But as the case went on, as more evidence maybe came out, their story started to change.
Speaker 1:Yeah, I mean it did change, because this never actually went to trial, Right.
Speaker 2:They settled right, they did yeah, and for a lot of money too. Yeah.
Speaker 1:So I wonder why they changed their tune so much.
Speaker 2:Right, 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 3:Wow.
Speaker 2:It really shows you how seriously they were taking it.
Speaker 3:Yeah.
Speaker 2:And 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 1:Right Literally.
Speaker 2:Literally. But it wasn't just about the money, was it? Didn't they have to do some other stuff too? They did Like.
Speaker 1:I think I saw something about a consent decree.
Speaker 2:Right, 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 1:And someone was watching to make sure they did that right.
Speaker 2:They 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 1:So they really couldn't mess around? No, they had to take it seriously.
Speaker 2:Absolutely.
Speaker 1:And I'm sure all this had a huge impact on how people saw Mitsubishi.
Speaker 2:Yeah, 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 1:Probably not.
Speaker 2:Exactly, it might make it harder to get good employees too. Yeah, people want to work for a company they feel good about.
Speaker 3:Right.
Speaker 2:It really shows you that what's going on inside a company, how they treat people, that affects everything.
Speaker 1:And it's really interesting to look at what Mixie Beachy's been saying lately.
Speaker 2:It is yeah.
Speaker 1:Because in their statements now they're all about positive work environments and diversity. Like they've learned something from all this.
Speaker 2:It seems that way. I mean a lot of organizations after something like this. They try to make changes, learn from their mistakes.
Speaker 3:Yeah.
Speaker 2:So 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 1:Definitely 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 2:Okay.
Speaker 1:This first one is called workplace harassment and organizational justice perspective. What are the main points from this one?
Speaker 2:Well, 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 3:Right.
Speaker 2:And 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 3:Yeah.
Speaker 2:But 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 1:Yeah, I can see that.
Speaker 2:Yeah, it really can mess up your whole life.
Speaker 1:And 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 2:Exactly, yeah, it can cost a lot of money, not just from lawsuits, but when employees are unhappy, they don't work as well.
Speaker 3:Yeah.
Speaker 2:They might take more sick days. And then there's the whole reputation thing we talked about, which can affect profits.
Speaker 3:Right.
Speaker 2:Right. So creating a workplace where people feel respected, it's not just the right thing to do morally, it's also good business.
Speaker 1:Definitely Makes sense. So what's this organizational justice perspective? What's that about?
Speaker 2:Right? 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 1:Okay, that makes sense.
Speaker 2:Then there's procedural justice. Okay, that's about how decisions get made. Are the processes fair?
Speaker 3:Right.
Speaker 2:And then the last one. This is really important for harassment Interactional justice.
Speaker 3:Okay.
Speaker 2:That'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 3:Right.
Speaker 2:And what this paper says is that when people feel like things aren't fair, they're less likely to report harassment.
Speaker 1:That's interesting.
Speaker 2:Even if they see it happening to someone else, they might not say anything.
Speaker 1:Yeah, I could see that.
Speaker 2:So 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 1:Right, so people have to trust the system.
Speaker 2:Exactly.
Speaker 1:Otherwise they're not going to use it and the problems are just going to continue.
Speaker 2:Exactly, which brings us to our next source.
Speaker 1:Okay, 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 2:Exactly, 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 1:Okay, how do they suggest doing that?
Speaker 2:Well, one big thing is training. Make sure all your employees understand what harassment is, what's acceptable and what's not.
Speaker 1:Yeah, that makes sense.
Speaker 2:And then you need clear codes of conduct. You know written rules that say exactly what's not allowed.
Speaker 3:Right right.
Speaker 2:And maybe the most important thing, the leadership has to be on board. They have to show everyone that they're serious about this.
Speaker 1:Lead by example.
Speaker 2:Exactly 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 1:Right. What about specific training programs?
Speaker 2:Right, 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 1:I can see how that could be really helpful.
Speaker 2:It can. It's about changing.
Speaker 1:Yeah, ok. So training, codes of conduct, leadership, buy in. What about the law Like what are companies legally required to do?
Speaker 2:Right? 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 3:Right.
Speaker 1:This 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 2:So those are like little things, subtle things that might not seem like a big deal on their own.
Speaker 3:OK.
Speaker 2:But they can be hurtful, they can be discriminatory and when they happen over and over again, they create a really negative environment.
Speaker 3:I see.
Speaker 2:So companies have to keep up with all this.
Speaker 3:Right.
Speaker 2:They need to adapt their training and policies to make sure they're covering all the bases.
Speaker 1:So let's bring it back to the Mitsubishi case.
Speaker 2:OK.
Speaker 1:How does that whole story illustrate what we've been talking about here with this research? Like the company denying everything at first.
Speaker 2:Yeah 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 1:Right and the fact that they needed the EEOC to come in and force them to make changes.
Speaker 2:Right.
Speaker 1:That says something too right.
Speaker 2:It 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 1:Okay, 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 2:Well, 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 3:Yeah.
Speaker 2:And they might use that power to harass people.
Speaker 1:Makes sense.
Speaker 2:Another 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 1:So it's not just about a few bad apples.
Speaker 2:No.
Speaker 1:It's about the whole barrel.
Speaker 2:Right. The environment itself can either encourage or discourage harassment.
Speaker 1:That's a good way to put it.
Speaker 2:And 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 1:That's awful.
Speaker 2:It is.
Speaker 1:And it sounds like it's pretty hard to study this stuff.
Speaker 2:Yeah, 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 1:Yeah, I can imagine.
Speaker 2:It's sensitive, it's personal. So researchers have to be really careful how they study it. Ok To get good information.
Speaker 1:Last thing, we have those statements from Mitsubishi Motors North America. Right, what are they saying now?
Speaker 2:Well, these days, they're really emphasizing their commitment to diversity and inclusion, creating a respectful workplace.
Speaker 3:OK.
Speaker 2:Which you know. After everything that happened, that makes sense.
Speaker 3:Right.
Speaker 2:They're talking about the steps they've taken to make things better.
Speaker 3:Right.
Speaker 2:New policies, training programs, things like that.
Speaker 3:Right.
Speaker 2:And they talk a lot about accountability, you know, making it clear that if you harass someone, there will be consequences.
Speaker 1:Yeah, but as we said before, changing a whole company culture, that's not easy.
Speaker 2:It's not, it takes time, it takes a real commitment.
Speaker 1:Definitely so. Putting it all together, what are the big takeaways here from this Mitsubishi case and all this research?
Speaker 2:Well, the Mitsubishi case. It's a really stark reminder of what can happen when harassment is allowed to go unchecked.
Speaker 3:Yeah.
Speaker 2:Both for the individuals involved and for the company.
Speaker 3:Definitely.
Speaker 2:I mean $34 million.
Speaker 3:Yeah.
Speaker 2:That 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 3:Right.
Speaker 2:It'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 1:Right, and even when there's a settlement, like Mitsubishi paying all that money, it doesn't really fix everything.
Speaker 2:It doesn't.
Speaker 1:You 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 2:Absolutely. 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 1:Definitely, 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 2:We do.
Speaker 1:And it's not just about reacting to problems.
Speaker 2:Right.
Speaker 1:It's about preventing them from happening in the first place.
Speaker 2:Exactly being proactive.
Speaker 1:So we've really gone deep on this topic today.
Speaker 2:We have.
Speaker 1:The Mitsubishi case, all the research. It really shows you how complex this issue is.
Speaker 2:It does.
Speaker 1:And how important it is to create workplaces where everyone feels safe, everyone feels respected.
Speaker 2:Yeah, I mean, understanding this stuff is crucial.
Speaker 3:Yeah.
Speaker 2:If we want workplaces where people can thrive, you know, reach their full potential.
Speaker 1:Right, 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 2:right. 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.