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Male Employee Settles Sexual Harassment Complaint Against California Prison System

Posted on April 16, 2014

WASHINGTON – The U.S. Justice Department announced today that it had entered into a settlement agreement in a case involving a male man who claimed he was sexually harassed by a female co-worker at the California Department of Corrections and Rehabilitation.

The Justice Department filed a complaint in 2013 against the California Department of Corrections and Rehabilitation alleging that Joe Cummings was discriminated against because of his sex in violation of  Title VII of the Civil Rights Act of 1964, according to officials.

Under the terms of the settlement agreement,  the Corrections Department must pay Cummings $50,000 in compensatory damages and restore leave that he indicated he used to try to avoid the alleged female harasser.

The prison must also maintain appropriate anti-harassment and anti-retaliation policies and procedures.

In addition, prison officials must provide appropriate training for its personnel on these policies and procedures.

“Sexual harassment in the workplace is simply intolerable,” said U.S. Attorney André Birotte Jr. “Today’s settlement with the California Department of Corrections and Rehabilitation helps ensure continued compliance and furthers our efforts to stamp out employment discrimination.”

According to the complaint, Cummings’ co-worker made frequent unwanted sexual advances toward Cummings for more than a year. She also made lewd and sexually suggestive comments to Cummings that he rejected as unwelcome along with unwanted physical contact.

Cummings complained numerous times to Corrections Department officials but they didn’t stop; the harassment and discipline the harasser.

“It is illegal to harass someone because of sex, regardless of the sex of the victim or the harasser,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “Title VII gives all employees the right to work in an environment that is free of sexual harassment, and the Civil Rights Division will continue to vigorously enforce that right.”

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