Legal Momentum Briefing Room

Victim in High Profile Sexual Harassment Case Dies Days Before Trial

Last week, Bianca Wisniewski died in a fire that ravaged her Flushing apartment.  Her death may have gone unnoticed had it not occurred on the very day she was due in federal court for the hearing of her $20 million sexual harassment lawsuit.  Months earlier, Wisniewski had filed the lawsuit against JPMorgan Chase and her employer, Total Safety Consulting, asserting that she had been sexually harassed by a male construction coworker, Steve Greco.  When Wisniewski, a construction safety coordinator in a business with few women, reported the harassment to her bosses, they simply replaced her with a new male safety coordinator.  The lawsuit claims that in addition to ignoring and then replacing Wisniewski, JPMorgan Chase also knew of similar accusations against Greco by another female worker.

Yet her employer’s actions are only a part of the offensive and retaliatory measures taken in response to Wisniewski’s allegations.  What may be most appalling aside from Wisniewski’s suspicious death is the media’s reaction to her lawsuit.  Mocking Wisniewski, the Daily News wrote, “Working construction is great, but what's even greater is getting $20 million because some creep tried to give me a kiss. I'm so happy I'm writing a book about it called "Hitting the Sex-Harassment Lottery." The mockery of sexual harassment accusations is deplorable and insupportable.  Persecution and shunning of individuals who speak out about sexual harassment creates a climate of fear and intolerance, making it even more difficult for them to speak out about an already sensitive topic. 

Fortunately, the Daily News’ harassment did not silence Wisniewski, who bravely persisted in speaking out on behalf of all working women.  Her lawsuit challenged the far too common sexual harassment that occurs within the workplace, particularly among male-dominated industries such as the construction business. The investigation of Wisniewski’s death must be taken seriously.  Ultimately, time will disclose the specifics of Ms. Wisniewski’s death.  But what remains clear is that accusations of sexual harassment must be treated seriously and without retaliatory actions or comments.  Although Wisniewski’s voice has now been silenced, the issues she spoke out against remain gravely important.

Jobs that Pay -- A Statement by Legal Momentum President Irasema Garza on the Signing of the American Recovery and Reinvestment Act and Non-traditional Jobs for Women

Shortly before President Obama signed the American Recovery and Reinvestment Act,  his Administration released a revised estimate on how many jobs the legislation will likely create and where.  While most economists agree that the heavy investments in infrastructure and energy will boost men’s job creation, these projects also offer unique opportunities for low-income women and their families who make up the majority of the nation’s poor.

While women have not flocked to jobs in the typically “burly man” fields of construction and engineering in the past, economic realities may lead some women to consider non-traditional career paths. These jobs, with their solid wages and benefits, can mean the difference between continued poverty and a pathway to prosperity for low-income women and their families.  In utilizing the funds provided within the stimulus package, federal agencies and contractors taking tax-payer dollars should ensure that women have a fair shot at these jobs which offer economic security—jobs that actually pay. 

Legal Momentum Praises U.S. Supreme Court Decision in Crawford Case

Supreme Court Rules Against Employer Retaliation

January 26, 2009 -

Legal Momentum applauds the U.S. Supreme Court’s ruling today in Crawford v. Metropolitan Gov’t of Nashville and Davidson Co., Tenn. In a resounding victory for employees everywhere, the Court ruled that workers who provide information during an employer’s investigation of a sexual harassment or other discrimination complaint are protected from retaliation by federal law. Federal law makes it just as illegal for an employer to retaliate against someone who complains of discrimination as it is for an employer to discriminate in the first place. 

In its 7-2 decision in favor of Vicky Crawford -- who was fired after she corroborated a co-worker’s sexual harassment complaint against her boss by disclosing that the same supervisor harassed her – the Court rejected the argument that the law’s ban on retaliation did not apply to Ms. Crawford because she did not file her own harassment complaint.The law’s protection is much broader than that, said the Court, and protects employees who oppose discrimination in other ways – such as by honestly answering an employer’s questions, like Ms. Crawford did.   

The anti-discrimination laws succeed or fail in large part based on employees’ willingness to speak up about misconduct. “The Court did a service to all employees today by recognizing that Vicky Crawford and people like her need to feel confident that if they disclose what they know, they won’t be punished for it,” says Irasema Garza, President of Legal Momentum. “But the Court’s ruling also benefits employers, because when workers feel safe voicing concerns about discrimination and harassment, employers can fix those problems before they become lawsuits.”