Sex and gender at work, in bed, and on the street

Court case of the week: Md. stormwater treatment company sued for sexual harassment

September 10, 2010 - 03:00 PM
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BaySaver Technologies and its CEO hit with sexual assault case (Photo: Associated Press)

The latest sex-and-gender suits filed in and around Washington.

Plaintiffs: Leslie Hofmann and Jessica Banner of Maryland, employed by BaySaver Technologies from 2007 to 2009, when both resigned.

Defendants: BaySaver Technologies, a Mt. Airy, Md.-based purveyor of stormwater treatment products, and its CEO, Thomas Pank.

The claim: According to court documents, Hofmann claims that Pank subjected her to sexual harassment throughout her tenure at BaySaver. For example, he would allegedly “look down the front of her blouse, make comments to her about other employee’s breasts, hug her in an inappropriate manner”—and thrice, the suit alleges, Pank “touched her breasts.”

Banner alleges that Pank would “hug her inappropriately, tell her ‘dirty’ jokes, touch and grab her rear end, walk behind her and press up against her”—and she claims that “five or six” times, Pank “touched her breasts.” When asked to stop, they say, “Pank would frequently just laugh.”

The suit goes on to allege that Hofmann and Banner weren’t the only victims—on one occasion, Banner claims she witnessed Pank “rub the legs of” another employee—and that Pank was not the sole perpetrator. The suit alleges that Pank condoned similar behavior from other employees. "For example, one employee made a comment to the effect that he needed tissues because he was going into the bathroom to masturbate,” the suit alleges. Banner says she resigned from the company in January of 2009, and Hofmann followed suit the next month.

He says: In their answer to the complaint, BaySaver Technologies, Inc. and Thomas Pank denied perpetrating the harassment: “The behavior of Pank was not unlawful, was not inappropriate, was not severe or pervasive so as to create a hostile/abusive work environment to a reasonable person, and/or was not unwelcome,” the answer reads.

"Our office doesn't try our cases over the telephone," said Monte Fried, an attorney representing BaySaver and Pank, when asked for comment.

Complicating matters: In 2009, Hofmann and Banner also teamed up to sue BaySaver for lost overtime wages. The case was settled out of court.

The demand: As the result of an alleged “severe and pervasive work environment due to behavior both exhibited and condoned by Pank,” the women say they suffered "distress, embarrassment, humiliations, and inconvenience.” They're both asking for $750,000.

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