All of the following facts contained in the post below are as alleged in the plaintiff’s complaint.
In a lawsuit against ACV Enviro Corporation, an environmental services and waste management organization, a female employee claims sexual harassment, retaliation, assault, and battery. The lawsuit includes allegations against multiple supervisors and executives at ACV Enviro. Defendants include the company’s Chief Development Officer, Director of Technical Services, President & Chief Executive Officer, Director of Human Resources, among others.
Attorneys at McOmber McOmber & Luber, P.C. represent the plaintiff, Alexandria Chapman, in the matter. Ms. Chapman is a resident of Cherry Hill, New Jersey and works for ACV Enviro. The lawsuit includes claims of severe sexual harassment, retaliation, assault, and battery.
Sexual Harassment, Assault & Battery
After a work-sponsored event at Topgolf in Edison, New Jersey, a group of ACV employees decided to go to a nightclub in New York City. Although Ms. Chapman claims she wanted to stay back at the hotel in New Jersey, named-defendant Mr. Whalley, the company’s Director of Technical Services, allegedly pulled Ms. Chapman onto his lap in the shuttle despite her objections.
Once they arrived at the nightclub, Mr. Whalley allegedly attempted to forcibly kiss her and grope her. Also, named-defendant Mr. Sheppard, the company’s Chief Development Officer, allegedly made severe and persistent attempts to harass Ms. Chapman. She claims Mr. Sheppard aggressively pursued sexual contact with her at the nightclub. Mr. Sheppard then allegedly attempted to kiss Ms. Chapman. When she refused Mr. Sheppard’s advances, she claims he pushed his body and genitals against her, pulled her hair and choked her, and ultimately ignored her pleas for him to stop.
Sexual Harassment, Assault & Battery Allegations Surface
A few days later, Ms. Chapman told her story to her supervisor. Her supervisor advised her to reach out to an attorney. Shortly thereafter, Ms. Chapman reported the inappropriate behaviors and sexual harassment to the human resources department of her company. However, she claims the company was ill equipped to implement appropriate remedial measures and the company’s “Zero Tolerance” sexual harassment policy was ineffective. Despite allegations of unwanted sexual touching and choking, the company did not fire Mr. Sheppard. Instead, the company allegedly gave Mr. Sheppard minor fines and a probationary period.
Plaintiff Faces Retaliation
Although the company promised Ms. Chapman she would not have to continue working with Mr. Sheppard following these allegations, she claims she was repeatedly forced to interact with him at work. She advised the company that the remedial measures it proposed were both ineffective and comprised her ability to successfully perform her job duties. Although the company offered her a different position, she informed the company that accepting the position would make Mr. Whalley her new boss.
Ms. Chapman claims she repeatedly contacted her company’s human resource department in an attempt to find an agreeable solution. However, these attempts were futile. Following a letter expressing her intent to file a lawsuit, Ms. Chapman claims the work environment became even more hostile. She allegedly experienced isolation from coworkers, increased scrutiny, and hostility at work.
Further, the supervisor who advised Ms. Chapman to reach out to an attorney later resigned allegedly due to his refusal to participate in the company’s ongoing hostility and retaliation towards her. Since the initial harassment, Ms. Chapman has been diagnosed with Post Traumatic Stress Disorder as a direct result of the unlawful conduct from the defendants.
You should never feel unsafe in your workplace. If you report sexual harassment or assault to your employer, you should not have to fear retaliation. We can help you.
New Jersey Employment Lawyers at McOmber McOmber & Luber, P.C. Represent Employees Victimized by Sexual Harassment and Retaliation
If you have experienced sexual harassment or retaliation at your place of employment, we are here for you. Call an experienced Employment lawyer at McOmber McOmber & Luber, P.C. at 856-985-9800 or 732-842-6500 or complete an online contact form to schedule a free consultation. We serve clients in Cherry Hill, Middletown, and throughout Burlington County, Camden County, and Monmouth County from our offices in Red Bank, Newark and Marlton, New Jersey.