Medical Supply Firm Settles Sexual Harassment Suit

Newport News, VAA medical supply firm located in Newport News settled a sexual harassment lawsuit for $70,000. The suit was filed by the Equal Employment Opportunity Commission and accused the firm of creating a hostile work environment for six women.

In 2006, the owner and president of Burlington Medical Supplies, Dennis Schwartz, was accused of making unwelcome sexual comments, gestures, touching, and propositions toward the six women.

As part of the settlement, the company that manufactures and sells the lead aprons that are used by x-ray technicians agreed to maintain a sex discrimination policy that it has had in force since the 1990s. This includes training and posted notices to its workers of their rights when it comes to sexual harassment. The director of the EEOC's Norfolk office, Herbert Brown, said that employees should not be forced to work in a hostile environment. He has also said that sexual harassment by the owner of a company is egregious because it is the employers that are to comply with federal law. This compliance comes in the form of ensuring a work environment is free of this type of conduct.

However, the company has said that no type of sexual harassment took place. Even under the terms of the settlement it is maintaining this position. They have denied any liability and will not admit that it exists in any form. Furthermore, the EEOC is not disavowing the allegations that were made in the lawsuit. The EEOC had initially sought $300,000. Of the six women who had filed the lawsuit, three had dropped out because they had not filed their complaints within the 300-day period that is required from the date the alleged harassment took place. The EEOC, however, has contended that the three women should have been included because it was the EEOC that had filed the lawsuit. In turn, the lead plaintiff had met the deadline. It was the judge who had sided with Burlington and dismissed the other three women who had not met the deadline.

Nevertheless, the terms of the settlement states that all six women will get their fair of the settlement amount. The lead plaintiff, Georgeanna Trudil, will receive $20,000 and the others will receive $10,000 each.

It is said that the settlement was a business decision. The settlement avoided any legal fees and the time that would be required to go to trial. In other words, the situation was within the control of Burlington by proposing the $70,000 settlement.

No public statements have been issued by Schwartz.

By: Ginger Gillenwater