Pub. 6 2018 Issue 1

www.uba.org 20 S oleil Bonnin worked as an adult dancer at a Washington D.C. strip club when she met Joseph King, a senior manag- er at Fannie Mae. According to Bonnin, she expressed her desire to King to leave the adult entertainment industry, so King hired Bonnin as his personal assistant at Fannie Mae. According to Bonnin, instead of being treated as a regular em- ployee, King, “isolated her from colleagues, took her on outings where he demanded sex, and threatened to fire her if she did not comply.” Bonnin specifically charges that King would drink alcohol during lunch and then demand that she have sex with him at nearby hotels. King would not provide Bonnin normal work; instead, he lim- ited her assignments and badgered her when she spoke with fel- low employees, according to Bonnin’s allegations in her lawsuit.  Bonnin further alleges that Fannie Mae executive management knew of King’s behavior. Fannie Mae fired King and claims that it is investigating the matter.  Kelly Weill “Fannie Mae Paid for Trips Where Boss Sexually Abused Employee, Lawsuit Claims” thedailybeast.com (Jan. 17, 2018). Consent is not a defense to sexual harassment claims. Neither King nor Fannie Mae can argue that Bonnin knew or should have known what she was being hired for when King offered to transition her from exotic dancer to his executive assistant position. The only defense for Fannie Mae is if it can prove that Bonnin knew what King wanted her to do as an employee and that she knowingly welcomed that relationship with King.   The success of that defense is highly unlikely, especially because Bonnin filed a restraining order against King while employed. There is no better evidence that someone did not welcome a relationship than a restraining order.   Although Bonnin alleges sexual harassment and assault as well as negligence on the behalf of Fannie Mae, there is also an im- portant hiring lesson for employers. Albeit an extreme example, this matter should serve notice that any employer, even those with the resources of Fannie Mae, can have exposure from a person, like King, who selects applicants for sexual desires or physical attraction. So, what can employers do to make certain that a person is hired to do a legitimate job? • Avoid creating positions that are personal in nature unless absolutely necessary. • Don’t hire unless there is an opening. • If there is an opening and the position is absolutely necessary, hire from an approved job description that describes in detail the essential functions and qualifications to be selected. • Make certain applicants meet most of the essential func- tions and qualifications of the job before applicants are even interviewed. • Perform due diligence on the most qualified candidates after an interview. • Allow more than one person or human resources to weigh in on the final decision to hire. • Come to a consensus and hire the most qualified person for the job. What about hiring people who are unqualified? Employers may have to hire more unqualified people as the job market becomes tighter. However, you should not hire unqual- ified applicants if qualified applicants exist and unless you can monitor the unqualified employee’s performance closely. The fact is that if other people were considered (and due dili- gence was performed as listed above), Fannie Mae would never have hired Bonnin and would not be facing a multi-million dollar suit. n Jack McCalmon, Esq. is founder of The McCalmon Group, Inc. The McCalmon Group provides services that improve the workplace and lower an employer’s risk to loss and litigation. He has over 15 years of experience helping employers and carri- ers lower their risk by creating some of the most innovative loss prevention techniques and services in the market. Mr. McCalmon also serves as a partner with the law firm of Titus, Hillis, Reynolds, Love, Dickman & McCalmon, PLC. In his capacity as an attorney, Mr. McCalmon represents employers and is approved counsel for several national providers of employment practices liability and directors and officers insurance. Mr. McCalmon’s experience expands beyond employment practices liability, including working with employers to improve leadership and ethics in the workplace. He also works extensively with employers that work with children. He was the first Director of VIRTUS – a program for the Catholic Church to prevent child sexual abuse within parishes and is the creator of several child safe environment programs for religious, school and other not-for-profit organiza- tions. Mr. McCalmon is a well-known commentator and speaker on the workplace. He publishes weekly commentary and information via online insurance carrier and employer platforms and at www.mccalmon.com . Mr. McCalmon is author of the Leadership2 Model Employee Handbook and the child-safe environment guide Smarter Parents, Safer Children. He further serves as moderator for the successful Leadership2 Seminar Series. In all these capacities, Mr. McCalmon is frequently asked to present at national conferences regarding workplace risk, including the Professional Liability Underwriters Society (PLUS), Public Risk Management Association (PRIMA), Risk and Insurance Management Society (RIMS) and other risk management and employer service organizations. Mr. McCalmon received his Bachelor of Science degree from the University of Oklahoma, where he graduated with high honors as a member of Phi Beta Kappa and the President’s Leadership Class. He later received his juris doctorate from the University of Oklahoma College of Law. Mr. McCalmon is a member of the American, Oklahoma and New Mexico Bar Associations. Hired For Sex: The Dark Connection Between Hiring And Sexual Misconduct By Jack McCalmon, The McCalmon Group, Inc.