Benefits May 31, 2006

Businessman Sues EEOC, Cites "Unfair" Sex Harassment Investigation

May 31, 2006 (PLANSPONSOR.com) - An Oklahoma insurance company owner has sued the Equal Employment Opportunity Commission (EEOC) for the manner in which it investigated sexual harassment charges against him.
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Gary Westphalen, an insurance company owner in Edmund, Oklahoma, is suing the EEOC because he says the commission conducted an “inaccurate” and “unfair” investigation, according to The Edmond Sun. The EEOC investigated Westphalen last year when three of his female employees filed a sexual harassment lawsuit against him. Westphalen paid $65,000 in February to settle the claims.

The EEOC had announced in a news release that the three women claimed Westphalen’s behavior included “sexually suggestive, lewd and offensive remarks and groping” and that the behavior had happened on a “weekly basis” and “in the presence of others,” the Sun reported.

But, the Sun reported, the EEOC could not find any witnesses to corroborate the three women’s allegations of abuse and only interviewed one of the complainants’ supervisors.

Westphalen is suing for severe emotional distress, as well as damage to his health, marriage and business, according to the Sun. He is also suing for a “loss of faith” in local representation of the federal government.

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