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U.S. Equal Employment Opportunity Commission



PRESS RELEASE
9-26-11

Medical Insurance Company Settles EEOC Sexual Harassment and Retaliation Lawsuit

EEOC Obtains $230,000 for Women Fired After Reporting Sex Harassment

NAPA, Calif. – The nation’s largest insurer of medical liability, Napa-based The Doctors Company (TDC), has agreed to provide $230,000 in damages and to implement preventive measures to settle a sexual harassment lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

The EEOC charged that Kimber Thompson, age 23 and employed as an administrative assistant at TDC, was sexually harassed by her direct supervisor on a daily basis. The harassment included inappropriate comments about her appearance and personal life, text messages and e-mails, and unwelcome touching. Shortly after company-provided anti-sexual harassment training, Thompson spoke to management to file a complaint about the harassment. Her co-worker, Carrie Giltner, accompanied her as a witness to the harassment and for moral support. However, instead of taking appropriate steps to investigate or correct the harassment, the company began to hyper-scrutinize the work of the two women and subsequently fired both of them, the EEOC said.

Thompson said, “It was difficult to have to complain about sexual harassment; I was really afraid. But my co-workers, especially Carrie, really supported me. I was devastated when I was fired and I felt worse when they went after Carrie, too. I am pleased that the settlement includes measures which will prevent what happened to us from happening to anyone else. I would encourage anyone who is a victim of sexual harassment or retaliation to contact the EEOC.”

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and requires employers to take prompt action to investigate and to stop the behavior after they receive complaints. The law also prohibits retaliation for complaining about the misconduct. The EEOC filed suit (CV 10411 EMC) in U.S. District Court for the Northern District of California only after an investigation led by EEOC Investigator Margarita Hossaini-zadeh and first attempting to reach a voluntary settlement out of court.

According to the consent decree entered today by U.S. District Court Judge Jeffrey S. White, TDC agreed to pay the women $230,000 in damages. The company will also take measures to assure that their managers understand that Title VII requires them to take complaints seriously and to promptly take appropriate corrective action. In addition, the company must make annual reports to the EEOC regarding any sexual harassment complaints received by the company and must also post a notice to employees regarding their rights under federal anti-discrimination laws.

EEOC San Francisco Regional Attorney William R. Tamayo said, “We hope that this case serves as a reminder to employers to address complaints of harassment and take measures to prevent retaliation. We are pleased that TDC has agreed to make clear to their managers that inaction and retaliation will be grounds for discipline.”

EEOC San Francisco District Director Michael Baldonado added, “The EEOC appreciates that TDC has agreed to settle this case and will be providing training to all managers. We hope this will be an effective measure to deter future harassment and to ensure that any complaints that might arise will be handled promptly and appropriately.”

According to the company’s website, www.thedoctors.com, The Doctors Company is the nation’s largest insurer of physician and surgeon medical liability. The company has a nationwide membership of nearly 55,000 and has $4 billion in assets.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.