'''Lois E. Jenson v. Eveleth Taconite Co.''' was the first
class-action sexual harassment lawsuit in the
United States, filed in
1988 on behalf of Lois Jenson and other female workers at the EVTAC
mine in
Eveleth, Minnesota on the state's northern
Mesabi Range, which is part of the
Iron Range. The case was documented in the
2002 book ''Class Action'' and a
2005 fictionalized
film version, ''
North Country''.
Facts of the case
Jenson first began working at the site in
1975 and along with other women, endured a continuous stream of abhorrent behavior from male
employees, including sexual harassment, abusive language, threats,
stalking and intimidation. In October
1984, she mailed a complaint to the Minnesota Department of Human Rights
[1] outlining the problems she experienced. In retaliation, her car tires were slashed a week later. The state requested that Ogelbay Norton Co.
[2], a
Cleveland, Ohio-based part-owner of the mine, pay
US$ 11,000 to Jenson in damages, but the company refused.
The next year, the case was filed in
U.S. District Court in
Minneapolis.
Class-action status was requested at the time, and granted three years later in late
1991 by Judge James Rosenbaum. Jenson quit working at the mine about a month afterward, in January
1992. She was diagnosed with
post-traumatic stress disorder a short time later.
A
liability trial began in December 1992 in front of Judge Richard Kyle in
St. Paul, Minnesota, and six months later, he ruled that the company should have prevented the misconduct. The company was ordered to educate all employees about sexual harassment.
Patrick McNulty of
Duluth was named
special master a few months later to oversee a trial that would determine the amount of money owed to the women in damages. The retired federal magistrate permitted
lawyers from the mine company to obtain
medical records of all of the women for their entire lifetimes. Ahead of the trial, which took place in Duluth in mid-
1995, the plaintiffs endured long
depositions that explored their personal lives in great detail.
McNulty expressed a great deal of skepticism in delivering his report in
1996, going so far as to call the women "." After revealing various personal details about the plaintiffs, he awarded each of them an average of $10,000. However, the judgement was
appealed, reversed in December
1997 by the
Eighth Circuit Court of Appeals. A new
jury trial was ordered.
On
December 30,
1998, just before the trial was set to begin, fifteen women settled with Eveleth Mines for a total of $3.5 million. One of the original plaintiffs, Pat Kosmach, died partway through the case on
November 7,
1994.
References
★
U.S. 8th Circuit Court of Appeals case documents
★ Class Action: The Story of Lois Jenson and the Landmark Case That Changed Sexual Harassment Law (2003) ISBN 0-385-49613-3
★
Case narrative by SexualHarassmentSupport.org
★
★ http://shsf.invisionzone.com/index.php?s=d988aedc9dc9086f5ff9ecc3a8b836d2&act=Attach&type=post&id=63 A Legal Journal's take on the legal proceedings
See also
★
''North Country'' (A movie based on the case, starring
Charlize Theron)
★
Sexual harassment
★
Stalking
★
Hostile environment sexual harassment
★ movie about Ellison v. Brady which set the "reasonable woman" precedent in sexual harassment law.
★
Michelle Vinson v. Merit One Savings Bank
★
Oncale v. Sundowner Offshore Services
External links
★
Jenson v. Eveleth Mines and North Country
★
Class Action: What Happens When Employers Refuse To Remedy Sexual Harassment, plus interviews