Full Frontal Assault
A federal judge in Portland has ruled that when it comes to dealing with an obnoxious co-worker, undressing him in the lunch room is not a legal way of redressing your concerns. The ruling comes in a lawsuit filed against Roadway Express Inc., a truck-loading company with a location in North Portland. In the federal suit, dock worker Roger Bowman is accused of making a habit of sexually grabbing female co-worker Brenda Vanderkin, calling her names and, finally, setting up a booby trap in her forklift that spilled water all over her T-shirt. Vanderkin claims management didn't do anything about the harassment. So, according to Vanderkin's attorney, George Fisher, Vanderkin took matters into her own hands--literally. Immediately following the alleged impromptu wet T-shirt contest, Vanderkin and a crew of sympathetic male co-workers cornered Bowman in the lunch room and "pantsed" him. That is, Fisher says, four guys held Bowman down while Vanderkin pulled off his trousers and underwear. Another worker photographed the display. Revenge is sweet, but it can also be costly. Bowman complained to his supervisors, and Roadway fired Vanderkin and four of her accomplices. Vanderkin responded by suing her former employer. She claimed that she was wrongfully terminated, arguing that she was really fired for accusing Bowman of sexual harassment. Last month, U.S. Magistrate Judge John Jelderks rejected the wrongful-termination claim, saying Vanderkin failed "to utilize lawful avenues of redress." Jelderks did rule, however, that Vanderkin's hostile workplace environment claim can go forward. That could spell trouble for Roadway officials, who declined to comment on the case. The U.S. Supreme Court last week strengthened the notion that management is accountable when workers create a hostile environment for others on the job. --Josh Feit Up In Smoke
In a scene that played like a bad Cheech and Chong outtake, Donna Ziegler hauled PGE into court last week on grounds that the local utility couldn't substantiate evidence it provided to the Portland Police about her electricity use. Two years ago the cops suspected Ziegler of growing pot in her garage and, as they often do, checked out her power usage with PGE. The marijuana charge against Ziegler was dropped due to a police screw-up, but Ziegler now believes there was an equally serious gaffe on the part of PGE. She sued the utility in small claims court, asking for $3,500 in damages when she caught PGE guesstimating her electricity usage. Ziegler proved in court that PGE misjudged her usage by 200 kilowatt hours. She thinks it's dangerous that PGE can give faulty customer information that can lead to search warrants. Roxanne Bailey, a customer affairs spokeswoman at PGE, says she isn't sure why PGE's numbers were off. The pro-tem judge, C. Lane Borg, had to decide whether Ziegler had been harmed by PGE's guesswork. It probably wasn't a tough decision. Borg tossed the case out after learning that Ziegler used more electricity than PGE had reported to police. --Josh Feit FOLLOW UP
Err Jordan
Nobody knows who the new principal will be at North Portland's Chief Joseph Elementary School, but it will not be Michael Jordan, the embattled principal of Sabin Elementary who was named to the job earlier ("Compromising Principals," WW, May 27, 1998). Despite appeals, the district has refused to allow beloved outgoing principal Kathie Yarnell to return part-time. But assistant superintendent Carol Matarazzo did compromise with parents who opposed Jordan's appointment, telling PTA President Amanda Ellertson that he will be assigned elsewhere. A committee of three parents and three teachers is scheduled to interview candidates for the open job next week. Though parents are dismayed that Yarnell cannot return, they are happy that their protests prompted school officials to include them in the hiring process. "It was primarily a positive thing because it really brought the community together," Ellertson says. Jordan's status for next year remains uncertain. --Nigel Jaquiss |
