A battle of David-vs.-Goliath proportions is brewing in the far northwest suburbs, with potentially huge ramifications to/for the worldwide LGBT community.
Roben Hall, 37, who lives in Carpentersville, claims she was subjected to sexual harassment for about 19 months while working as an overnight stocker at the Wal-Mart in East Dundee.
The case is set for a hearing Feb. 11, 2011, before the Illinois Human Rights Commission. The Human Rights Campaign filed a complaint on Hall's behalf.
"Ms. Hall was subjected to sexual harassment by a female co-worker," said Hall's attorney, Betty Tsamis. "Despite Roben's repeated complaints to her managers, Wal-Mart allowed the illegal conduct to occur. According to Roben, one manager told her that he didn't have to investigate Roben's complaint because it involved two women."
Hall was fired by Wal-Mart—and Wal-Mart has threatened action against Hall for filing complaints "in bad faith" if she continues to maintain this action, Tsamis said.
"In our view, this is yet another form of retaliation designed to silence a victim," Tsamis said. "Obviously, Wal-Mart, America's largest corporation, has the financial resources to go after Roben in any number of ways. To threaten to go after her if she maintains her suit is simply a demonstration of bad faith. Wal-Mart should find someone its own size to pick on."
Tsamis is a prominent local attorney who is committed to helping LGBT employees who have few places to turn when faced with workplace discrimination and/or harassment. And she said same-sex sexual harassment in the workplace is more common, especially over the past two years, largely due to the fact that LGBT people are now more informed about their rights in the workplace.
"There has been reluctance by LGBT people to come forward and report discrimination/harassment because they fear retaliation," Tsamis said. "Often, same-sex sexual harassment is not taken seriously by managers and the victimized employee suffers while the employer allows the conduct to continue. The fallout from this is that the conduct unreasonably interferes with the employee's ability to perform their job which later could result in disciplinary action against the employee without the employer ever being held accountable for the illegal workplace harassment."
Hall is currently pursuing a master's degree in rehabilitation counseling, specializing in supporting and advocating for individuals with disabilities. She graduated cum laude from Northern Illinois University in 2007 with a bachelor's degree in psychology, a minor in communicative disorders and a certificate in LGBT studies. She is now working as a certified pharmacy technician at a long-term care pharmacy to support her schooling.
"In my opinion, under-represented groups, such as persons with disabilities or people in the LGBT community, continue to struggle for equal treatment in the workplace," Hall said. "The nine years I worked at Wal-Mart Stores Inc., only solidified my opinions. My experiences at Wal-Mart Stores Inc., have led to feelings of isolation, experiences of intense scrutiny, and experiences of feeling devalued and dehumanized; [and also serve as a] motivation for me to complete the LGBT studies certification and continue my education in Rehabilitation Counseling to advocate for individuals with disabilities.
"In my future work with under-represented populations, I will strive to avoid mindsets and comments such as when a person of the same gender touches and violates another of the same gender. Comments such as, 'Aren't people like you [gays] into that stuff anyway?' or 'Sexual harassment complaints do not have to be investigated between parties of the same gender,' or, 'Because you have a disability, you can't handle more than entry-level work.' All of these derogatory mindsets and transgressions, I have encountered in my experiences. I hope that my complaints against Wal-Mart Stores Inc., challenge the lack of acceptance of LGBT individuals, individuals with disabilities, and other minorities in [the] workplace and encourage others to come forward, speak out, and share their experiences of inequality, disrespect, and dehumanization. A choir is more likely to be heard than one individual voice."
Tsamis said her goal with the Hall case is to help identify more victims of same-sex sexual or sexual-orientation harassment and discrimination at Wal-Mart, educate the public about the fact that same-sex sexual harassment is illegal, and compensate Roben for some of her damages."
Even though, Tsamis added, "No amount of money will ever compensate Roben for what she has been through. But, corporations understand that when money is paid out on an employment claim, their directors will expect an explanation and future preventive measures which could include policies that give managers and employees guidance and provide consequences for same-sex sexual harassment."
Windy City Times attempted to contact Wal-Mart for a response, but had not heard from the corporation as the issue went to press.
