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Inappropriate Firehouse Material Led to $200,000 Sexual Harassment Settlement
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San Jose Mercury News via YellowBrix
October 14, 2009
SILICON VALLEY – Julie LaBlanc was shocked when she found a hard-core pornographic magazine under her 9-year-old son’s pillow. But that wasn’t nearly as surprising as where he got it: the San Jose fire station where she worked as a firefighter.
That discovery eventually led to the city ferreting out dozens of sexually explicit magazines at firehouses across San Jose. It also led to a dispute with the firefighters union over how far the city could go in policing porn and other behavior in a fire department already grappling with sexual harassment complaints.
And now it’s led San Jose officials to offer LaBlanc $200,000 to settle her lawsuit alleging she was harassed on the job for complaining about pornography in Station No. 6.
“In order for the department to move forward, I think this is a good settlement,” said City Attorney Rick Doyle. “We want to make sure we have a safe work space for all our employees. In the case of Ms. LaBlanc, it took a lot of courage for her to come forward.”LaBlanc filed suit in Santa Clara County Superior Court in April 2008 alleging her son had brought home a copy of a sexually explicit magazine he had taken from the men’s room at Station 6 while visiting her at work.
According to her lawsuit, when she returned to work the next day she found more than 60 other hard-core pornographic magazines in the station and spoke to her captain about it. The captain alerted the city’s personnel department. An investigation failed to determine who was responsible for the magazines.
LaBlanc alleged that while the city was investigating the matter, she was shunned and taunted by her fellow firefighters, including one repeatedly refusing to give important work-related information to her. Seven months after her initial complaint, she said, a copy of “King,” which bills itself as “the illest men’s magazine ever,” was left in a common area of the station where she would see it. LaBlanc, a fire engineer, has since transferred to another station.
LaBlanc was not available Tuesday, and her lawyer, Joshua Boxer of the Angela Alioto law firm in San Francisco, would not comment on the pending settlement. Doyle said the proposed settlement was reached after mediation before a retired judge. The City Council is expected to vote on its approval Oct. 20.
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24HR_FRO
about 1 month ago
22 comments
Frankly it's hard for me to believe an instance like this occurring in the 21st Century. If the private sector complies with this law, why should a public agency be exempt?
SleeplessinBroward
about 1 month ago
64 comments
JP171ntx...While I am sure many females in the firehouse really would find these magazines offensive...many would not. BrunoRegno is correct though..It is not private property and we have a responsibility to JQ public to serve as the role models they consider us to be. We have children coming through for station tours all the time. As I can only speak for myself on this subject I will...The material is not necessarily offensive, but the fact that this female was not treated as part of the crew for saying she had a problem with it is at the core of the problem. After paying your dues and proving yourself to be in the position of being a member of the team...She shouldn't have to put up with being treated as an outsider. From everything from what's for station dinner to what time do we workout together, to complex important information regarding a protocal, SOP, or a call...She should be in the loop and not ostracized for not "going with the flow". I don't believe the lawsuit was over a bunch of magazines...I think it probably cracked the door open, but it seems as if maybe the guys forced it the rest of the way with the chain of events that occurred after. I don't know...I wasn't there, but I've seen it before. Sorry if my words seem harsh, but there are many who need to hear it. The golden rule would seem appropriate to mention here. I don't think anyone would want to feel as if they were an outsider! Not for any reason!
JP171ntx
about 1 month ago
4 comments
I will most likely get an ear full for this but I feel it needs to be said. The person(s) responsible should have a day or three off for the inappropriate material being at the station, but there as far as I can see was NO harassment and the woman shouldn't get a blasted thing except an "oh well". Title 9 and other laws/regulations pertaining to sexual and other types of harassment are being used as a big club against other personel in an attempt to further ones own agenda. A female in any fire department can at this point claim sexual harassment just on looks of another female fire fighter. Using the sexual harassment laws in a way they were never meant is wrong.
soakinwet
about 1 month ago
200 comments
I understand the rules for explicit material to be kept out of the workplace, but, this is rediculous! How many of you men out there weren't trying to get your hands on a good nudie magazine at age 9? Be honest. And how many fire stations out there don't have at least one lying around somewhere? A boy wanting to look at naked chicks is a good thing ladies, at least he's not hiding in the men's locker room to see the guys naked! Sorry if my opinion offends anyone!
BrunoRegno
about 1 month ago
26 comments
Sex is private. Firefighters provide a public service. A Fire Station is a public place. To those who have a mag... TAKE IT HOME. Kids want to be firemen... this makes everyone a role model... this is a big heavy task... take it seriously.
rnmedicff
about 1 month ago
106 comments
I just don't understand how anyone could think that is acceptable on the job... It really escapes me...
SleeplessinBroward
about 1 month ago
64 comments
Sister I feel for you. You've got a lot of strength to come forward. Some of us just don't have it in us. Congrats on the win. I know it must not feel very comforting...After all...the money just doesn't change the alienation feeling I know you must have been experiencing. Keep your head up and remember you love what you do. We all just want to "run" the friggen calls(-; Good luck...