In 2006, Alyson J Kirlies sued the law firm where she worked for 18 years for sexual discrimination claiming that she was paid less for equal work as well as being told she couldn't attend company events due to pornographic content the male employees would be viewing. She also claimed she was told that she shouldn't be spending as much time in the office as she did but rather spend that time at home with her husband and children.
In as much as I see her side of the story and sympathize with her desire to be treated equally, she continued to work under these conditions for many years, seemingly without issue. The end of her case came when the judge ruled that as a sitting board member and shareholder at the firm, Ms Kirlies was not just an employee but her own employer as well. She would not be protected under the anti-discrimination laws she was citing in her lawsuit because she was involved in decision making at the firm and therefore had an active voice in the way things were run. She is planning an appeal.
Judge dismisses lawyer's discrimination case against firm
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I agree that this woman's case has many mitigating factors. The fact that this treatment went on for 18 years without a complaint from her says a lot regarding the validity of her complaints. While the treatment she claims she received is clearly harassing, the fact that she was a sitting board member and, in essence, her own boss, really makes me wonder how the other women in the office were being treated. For 18 years the woman won't step up in her own defense--what kind of an atmosphere was she silently helping to create for the other females? She is, after all, one of the bosses. If my boss wouldn't stand up to her peers regarding her rights, I would definitely, in the position of an employee of hers, feel that much more intimidated by these men. Realistically, if the men are charged with creating an atmosphere conducive to sexual harassment, she is just as culpable regarding creating that atmosphere. She had a duty to stop the behavior and make sure her employees were able to work in a safe and professional atmosphere.
ReplyDeleteI agree she was in a position of power and as much as I disagree with their treatment of her as a board member you have the right to put objections before the board and I find it hard to believe that every other board member could be involved in that kind of harassment. She could have chosen to leave the company instead of taking a higher position. Also if they promoted her to board member it does not seem that they were holding her back based on gender. 18 years is a long to go without saying anything and she definitely set a terrible example for other women employees who may have looked up to her in a leadership role.
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