Sexual harassment cases are always a sensitive issue and with good reason. They are often difficult to prove and in many cases pit an employer’s word against that of a harassed employee.
When sexual activity occurs, there is also the issue of consent. Unlike murder, robbery, arson, or any other crime, rape and other sexual offenses are not considered crimes if both parties give consent.
This past Tuesday, a former American Apparel employee filed a $250 million lawsuit against the company and its founder and CEO Dov Charney. In the lawsuit, Irene Morales claims that Charney threatened to fire her if she did not comply with his demands, which included sending him inappropriate pictures of herself and detailing her sexual history.
Most shockingly, Morales claims that Charney forced her to come to his house on her 18th birthday and perform sexual actions without her consent. Morales, now 20, claims that the harassment, which lasted eight months, has caused her to become increasingly nervous and depressed and is suing for damages.
The claims made in the lawsuit are despicable. If true, Charney deserves to pay for the pain and suffering he caused to his employee.
Although there are not many details available about Morales’ case, it will be a difficult one for a few reasons. First, there is the amount of time passed and the circumstantial nature of her case.
These events occurred more than two years ago and, unless some substantial evidence arises, the case could boil down to a he said, she said type of argument, which is always difficult to adjudicate.
The burden of proof for Morales’ lawsuit, which is civil, is a “preponderance of evidence,” substantially less than the “beyond reasonable doubt” burden of proof that criminal changes carry. One possible reason that the District Attorney did not file a criminal lawsuit because he knew that he would not be able to get a conviction in a criminal case.
Even with the lower burden of proof, Morales might not be able to win the lawsuit. Another key reason for this is a waiver she signed upon her resignation from American Apparel.
According to this release, Morales had no pending claims against the company or its employees and Morales agreed to submit any further claims to a confidential binding arbitration.
American Apparel even claims that Morales wrote a “letter of gratitude regarding her positive experience with the company.” It remains to be seen whether the release encompassed this type of claim or even whether the release will stand up in court.
However, New York State, where the lawsuit has been filed, does have a reputation for honoring agreements made between employers and employees.
Another crucial factor in this case is Dov Charney’s reputation. Charvey has been charged with several sexual harassment claims in the past, but none have been successful.
He is known for his crude, demeaning attitude towards women. In other words, he is the type of person who most people would expect to see charged with a sexual harassment lawsuit.
However, this reputation is a two-way street. While Charney’s history and personality do make him more likely to sexually harass an employee, it also means he is a bigger target for untrue claims.
If the case goes to trial, Charney’s character and past history of less than savory comments and actions (including masturbating during an interview) will undoubtedly sway the jury, even though his lawyers will understandably attempt to keep any past accusations out of the trial.
Charney’s defense will point to the lapse of time as one of the reasons to dismiss the case as mere fabrication. They will also point to the fact that Morales signed an agreement that she had no claims (and would not have any) against him or American Apparel. Furthermore, there is the enormous, headline-grabbing amount of the lawsuit.
A quarter of a billion dollars is an absurd amount for any such claim and is made even more absurd by the fact that the company is only worth $80 million. Even if she wins the case, there is no chance that Morales will get even close to that sum.
It is important to note that while none of these reasons means that Morales is fabricating the story, the truth remains to be seen. We must have faith in the legal system and wait until it has determined the validity of the claim.
With claims of such terrible actions, it is important to tread carefully. There have certainly been cases of employees either fabricating stories or turning consensual sex into rape for a big payday. On the other hand, rape is a terrible crime and it is important that — if the claims do indeed prove to be real — that Charney pay for his abominable actions.
Over the next few months, both Charney and Morales will undergo grueling examinations.
It will not be surprising to see that the two parties in this seemingly intractable case find a way to settle. Only time will tell.
