Steinberg v. Hoshijo6/18/1998
arked on at least two occasions, "Why women don't pee in the shower like men?" Additionally, once, when a woman took her purse to the restroom, Dr. Steinberg snickered and remarked, "There's only one reason why a woman would take her purse into the restroom."
(c) Dr. Steinberg regularly commented about the breast sizes of employees, patients, and celebrities mentioned on radio talk shows, saying things like: "She's really stacked"; "I don't know why everybody thinks she's so great - she's got nothing up here"; and "Did you see the knockers on her?" He also regularly discussed the large breasts of a medical school acquaintance and how they "got in the way."
(d) On a weekly basis, Dr. Steinberg made remarks about female employees' nipples, saying something like, "Is it cold in here?" or "Are you excited to see me?"
(e) On at least ten occasions, Dr. Steinberg snapped Gould's bra strap from behind as he walked passed her. One time, he also snapped the bra strap of Debbie Choike, a receptionist. After snapping Choike's bra strap, Dr. Steinberg asked Choike the way "to get a proper fit in a bra." Additionally, Dr. Steinberg once commented to Gould regarding the type of bras he thought female employees should wear because of their breast sizes.
(f) Dr. Steinberg also commented about patients' intimate body parts. Once, Dr. Steinberg commented that a former patient was attractive, but would be better looking if she "took quite a bit off of that ass of hers." Once, Dr. Steinberg stated that a patient had "huge fucking thighs," remarking further, "How's the guy supposed to get in there with thighs like that?"
(g) On at least two occasions, Dr. Steinberg suggested that the medical assistants and receptionists wear sexier clothing, such as short skirts and tighter blouses.
(h) A few times, Dr. Steinberg threw paper clips and pins, and shot small rubber bands at Gould; when the objects would hit her breast or crotch areas, Dr. Steinberg would say, "Oh, got it on target there!"
(i) On one occasion, Dr. Steinberg dropped something down the front of Gould's shirt and laughed.
(j) Dr. Steinberg would often rub against Gould when he passed her in the lab area. To create a buffer zone between herself and Dr. Steinberg, Gould would turn around and put her arms in front of her.
Dr. Steinberg did not subject similarly situated male employees to such sexual conduct.
Gould was shocked by Dr. Steinberg's conduct; she had never heard anyone speak about or treat women in such a derogatory manner. At first, Gould tried to ignore Dr. Steinberg's conduct, hoping it would stop. Later, Gould responded to some of the incidents, stating, "Doctor, that's offensive." Dr. Steinberg, however, would laugh and, apparently, not take her objections seriously. Once, Gould told Dr. Steinberg, "This would really be considered sexual harassment." Dr. Steinberg laughed and replied, "It can't be sexual harassment - you're a dyke, how could I sexually harass you? That can't happen."
Sometime prior to December 26, 1991, Gould complained to chief medical assistant Pearl Popiak that Dr. Steinberg's comments and actions were offensive and made her feel uncomfortable. Gould did not, however, provide any specific examples. Popiak did not understand what Gould was complaining about, stating something to the effect that, "Well, you know that, you are a medical assistant. The doctors, it's just their way to tell you what to do."
On December 26, 1991, Dr. Steinberg and Popiak conducted an evaluation of Gould's job performance. As part of the evaluation, Gould filled out an appraisal sheet that posed several que
Page 1 2 3 4 5 6 7 8 9 Hawaii Employee Leasing Services
Employee Leasing Services
|