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What happens when the very system designed to protect employees turns against them? Join host Mark Carey in this eye-opening episode of Employee Survival Guide®, where we unravel the complexities of the landmark case Olivieri v. Stiefel, a striking example of sexual harassment, sex discrimination and retaliation in the workplace. Patricia Olivieri’s harrowing experience as a client services associate at Stiefel exposes the dark underbelly of corporate power dynamics, raising critical questions about employee rights, sex discrimination and the implications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA).
This episode dives deep into the severe misconduct allegations against Olivieri’s manager, shedding light on the often-ignored realities of a hostile work environment and sex discrimination. As we discuss the potential for Olivieri to bypass her arbitration agreement and take her case directly to court, we emphasize the importance of understanding employment contracts and employee rights. Are you aware of your protections against discrimination—be it sexual harassment, sex discrimination, race discrimination, or age discrimination—in the workplace? This episode serves as a powerful reminder that knowledge is key to employee empowerment.
Mark and his guests dissect the legal intricacies surrounding harassment claims, offering insights into how the EFAA could reshape the landscape of employment law. We explore the necessity for transparency in handling allegations and advocate for a workplace culture that encourages employees to speak out against wrongdoing without fear of retaliation. Join us as we reflect on the broader implications of this case for workplace culture and the collective responsibility we all share in fostering an environment of respect and safety.
As we wrap up, we urge listeners to take action—educate yourself about your rights, understand the laws designed to protect you, and become an advocate for change in your workplace. Whether you’re navigating employment law issues, negotiating severance packages, or simply seeking career development tips, this episode of Employee Survival Guide® is packed with essential insights that can help you thrive in your job and career. Tune in and empower yourself with the knowledge to survive and succeed in the ever-evolving world of work!
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.
Transcript:
Speaker #0 Hey, it’s Mark here and welcome to the next edition of the Employee Survival Guide, where I tell you, as always, what your employer does definitely not want you to know about, and a lot more. Speaker #1 You know, I always thought legal cases were just like a bunch of boring paperwork and just stuffy courtrooms, you know. Yeah. But I came across this case, Olivieri v. Stiefel. And wow, it’s really something else. It’s like corporate drama. Speaker #2 Oh, really? Speaker #1 Power dynamics. Speaker #2 Right. Speaker #1 And a brand new law that could like totally change how we handle these sexual harassment claims at work. Speaker #2 Wow. Speaker #1 So you wanted to do a deep dive on this case, right? Yeah. That’s what we’re going to do. We’re talking about Patricia Livieri. She worked as a client services associate at Stiefel. It’s a financial firm. And she’s suing them, alleging some pretty serious stuff. Okay. Sexual harassment and retaliation. But what makes this case even more interesting, I think, is that it all comes down to this new law called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, EFAA for short. This law could actually let Olivieri skip over this arbitration agreement that she signed before and just take her case straight to court. So let me set the scene here. Olivieri is saying that her manager, this guy Neil Eiler, was constantly behaving inappropriately. And we’re talking like graphic discussions about his sex life. Speaker #3 Oh, wow. Speaker #1 Watching porn where she could see. Speaker #3 No way. Speaker #1 And even touching her inappropriately. Speaker #3 Seriously. Speaker #1 Yeah. And she also claims that Eiler used his position, you know, his power to manipulate her. He gave her a bonus that was much bigger than what anyone else got. Which, you know, that’s a red flag. Now, Olivier didn’t just stay quiet about this. She reported Eiler’s behavior to a supervisor, Robert Cotignato. But here’s the thing. Coding Notto at first tried to, like, downplay everything. He even said that Olivier was doing a great job. So it’s even weirder that he hesitated, you know? Speaker #2 Yeah, that’s strange. Speaker #1 So what happened next? Well, it kind of turned into this big mess. Olivier is trying to report the harassment. Eisler is trying to make her look bad. And Coding Notto is stuck in the middle. It’s like crazy. So Stiefel finally starts an internal investigation. It was led by an HR employee, Zach Anderson. Yeah. But it quickly became a he said, she said. situation. Speaker #0 Yeah. Speaker #1 Which, you know, didn’t really help. Speaker #2 Right. Speaker #1 And here’s where it gets really interesting. Stiefel actually pressured Olivieri to move to a different department. Speaker #2 Yeah. Speaker #1 Even though it could have hurt her career. Speaker #2 Really? Speaker #1 Yeah. And to make it seem better, they offered her a, wait for it, a pay cut. Speaker #2 What? I know, right? Speaker #1 That’s crazy. Speaker #2 Like, come on. Does that even seem fair? Speaker #1 No, not at all. Speaker #2 So this is where the EFAA comes in. Remember, this law passed right in the middle of all this. When Stiefel was trying to force Olivier into arbitration. Speaker #1 Right, right. Speaker #2 Okay, so this is where the legal idea of accrual is important, right? Speaker #1 Yeah, accrual basically means like when does a legal claim officially start? Speaker #2 Okay, so like the starting line of a race? Speaker #1 Yeah, exactly. Yeah. But sexual harassment cases can be a little tricky because of this thing called the continuing violation doctrine. Speaker #2 And that basically says that harassment can be like a pattern. It’s not just one incident. So every new instance of harassment kind of resets the clock for when you can file a claim. Speaker #1 So it’s not just about the first time. Speaker #2 Right. Speaker #1 It’s about the whole pattern. Speaker #2 Exactly. And in Olivieri’s case, that’s really important because some of the alleged harassment happened before the EAA and some happened after. Speaker #1 So that’s where the timing gets messed up. Speaker #2 Yeah. It makes things complicated. It’s not clear if the EFA applies to her whole case. Or just the part after the law was passed. Okay, Speaker #1 so that’s why everyone’s making a fuss about when this law came in. Speaker #2 Exactly. Speaker #1 Really changes things, doesn’t it? Speaker #2 Yeah. And we haven’t even gotten to what happened after Olivieri came back from maternity leave, which was, you know, right when the EFA started. Speaker #1 Oh, I bet things didn’t get any better. Speaker #2 Well, Olivieri says that Stiefel actually started retaliating even more after she got back. Like, they were trying to get her to quit. Speaker #1 Seriously? Speaker #2 Yeah. Speaker #1 What did they do? Speaker #2 Well, they kept changing her job responsibilities. Which can make it hard to succeed, you know? And they started limiting her access to, like, important stuff she needed for work. And they didn’t include her in company events or, like, share important information with her. Speaker #1 So they basically made it impossible for her to do her job. Speaker #2 Pretty much. Speaker #1 That’s just wrong. Speaker #2 It seems that way, yeah. And there’s more. They even changed how they handled her PTO. They started taking away tiny bits of it, even for, like, short absences. And they didn’t do that for other employees. Speaker #1 Wow. So they’re adding insult to injury? I mean, what does this say about how Stiefel was handling this whole thing? Were they just clueless? Or was it something worse? Speaker #2 That’s a great question. And it’s something we’ll look at more as we keep going with this deep dive. But before we do that, let’s talk about this motion to compel arbitration. Just to be clear, this is basically Stiefel asking the court to make Olivieri settle her dispute privately instead of going to court. Speaker #1 Right. So they want to keep it all behind closed doors. Yeah. But why? What’s the advantage for Stiefel? Speaker #2 Well, there are a few reasons why companies like arbitration. First, it’s usually faster and cheaper than a trial. And it’s more private, which companies like because it avoids bad publicity. Speaker #1 But wouldn’t that be bad for Olivieri? Wouldn’t she want people to hear her story? Speaker #2 Yeah, that’s a good point. And that’s one of the big criticisms of arbitration, that it’s not transparent and can benefit the more powerful party. Speaker #1 Which would be Stiefel in this case. Right. So is Stiefel trying to silence Olivieri and sweep this whole thing under the rug? Speaker #2 That’s a good question. To understand what’s really going on, we need to look closer at the EFAA and how it affects cases like this. But first, there’s one more thing Stiefel did that you might find interesting. Speaker #1 Okay, what else happened? Speaker #2 Remember Cotignato? Speaker #1 The supervisor Olivieri reported the harassment to. Speaker #2 Yeah, the one who tried to downplay it all. Well, get this. Even though he’s named in Olivieri’s lawsuit, Cotignato was involved in discussions about her medical accommodation after she came back from leave. Speaker #1 Wait a minute. So the guy she’s suing for enabling the harassment? was involved in decisions about her medical needs. Speaker #2 That’s what Olivieri says. And it definitely raises questions about how serious Stiefel was taking her concerns. Speaker #1 Wow. I can’t imagine how frustrating that must have been for her. Speaker #2 Yeah. It’s not a good look. And it makes you wonder how effective a company’s internal processes can really be, especially in these sensitive situations, you know, when there’s power imbalance. Yeah. Something to think about. It’s a fun one. We continue this deep dive. Speaker #1 Okay. Speaker #2 All right. You know, this whole thing with Codignato really shows something important about this case. It’s not just about what happened to Olivieri. This could, like, change how companies everywhere deal with these situations. Speaker #1 You mean the EFAA? How it could change things for these kinds of claims? Speaker #2 Exactly. Before the EFAA, a lot of employees were stuck with these arbitration agreements. They signed them when they were hired, often without even knowing what they were agreeing to. Speaker #1 Yeah, I can see that. You’re excited about the new job. Maybe a little overwhelmed with all the paperwork. You don’t really think about what all the fine print could mean later on. Speaker #2 Right. And these agreements, they basically stopped people from going to court, forcing them into private arbitration. Speaker #1 So even for something like sexual harassment, they couldn’t have a trial. It would all happen in secret. Speaker #2 That’s how it was for a lot of people. But the EFAA, it changes that system. It lets employees choose to not do arbitration for sexual harassment and assault claims. Speaker #1 That’s a big change, right? It makes things more fair, gives survivors more options, more control. Speaker #2 Absolutely. In this case, Olivieri v. Stiefel. It’s one of the first real tests of the EFAA in court. Speaker #1 So how important is this ruling, really? Is this like a landmark case? Or are there loopholes that companies can use to get around the EFAA? Speaker #2 That’s the big question, isn’t it? The court saying Olivieri can go to trial, that sets a precedent. It shows that these arbitration agreements aren’t always going to work, not for sexual harassment claims. Speaker #1 So others in similar situations might follow Olivieri’s lead. Speaker #2 It’s possible. And it might even make companies rethink using these agreements, especially with the EFAA now. No one wants to be the next Stiefel, right? Speaker #1 It makes you wonder if Stiefel had just taken Olivieri’s complaints seriously, if maybe this whole legal fight could have been avoided. Speaker #2 That’s a good point. It shows how important it is to create a work environment where people feel safe to speak up, where their concerns are heard and taken seriously. Speaker #1 Yeah, because even with the EFAA, Going through a legal battle like this is tough. It takes a lot of courage and energy. Speaker #2 Absolutely. It can be so draining and stressful, not to mention expensive. Speaker #1 Think about what Olivieri had to go through. Not just the harassment, but everything after. Trying to get justice. Speaker #2 It must have been incredibly difficult. It’s important to remember that even when someone wins a case like this, there’s a cost. There’s a toll it takes. But hopefully, her case will help pave the way for others. Speaker #1 It’s like David and Goliath, isn’t it? One person against a huge company. And the EVEA is her weapon. Speaker #2 I like that. It shows how powerful the law can be, how individual stories, acts of courage can impact us all. Speaker #1 But it starts with the people knowing, right? Knowing their rights, knowing about laws like the EVEA that can protect them. Speaker #2 Exactly. And that’s what we’re here for. To break down these complex legal issues, explain what they mean for you, the listener, and hopefully help you stand up for yourself and others. Speaker #1 So what’s the most important thing here? What should people listening to this take away? about the EFAA and what it means for them. Speaker #2 I think the biggest thing is read your employment agreements carefully. Understand what you’re agreeing to, especially about things like arbitration. Don’t just sign without thinking. Speaker #1 Don’t be afraid to ask questions. Speaker #2 Exactly. If something seems off or you don’t know what it means, get legal advice. It’s better to know up front than to be stuck later because of something you didn’t understand. Speaker #1 Knowledge is power. And knowing about the EFA could mean the difference between being silenced and having your voice heard. Speaker #2 Well said. But, you know, there’s another side to all this that we haven’t really talked about. Speaker #1 What’s that? Speaker #2 Well, we’ve talked about the law, but what about the people? How does this affect people’s lives, their careers? Speaker #1 That’s a good point. We get so focused on the legal stuff. That we forget about the real people involved. Speaker #2 Exactly. Laverie’s experience isn’t unique. There are so many others who have been harassed, silenced, retaliated against. Speaker #1 It makes you wonder how many cases we never even hear about. How many people just suffer in silence. Speaker #2 Yeah. Speaker #1 Because they don’t know their rights or are afraid to speak up. Speaker #2 It’s a sad thought. And it shows how important it is to create a culture where people feel safe coming forward. Where they know they’ll be supported and believed. Speaker #1 And that’s not just on companies, is it? It’s on all of us to challenge these behaviors, to speak up when we see something wrong, to create a society where harassment and retaliation aren’t tolerated. Speaker #2 You’re absolutely right. This is bigger than one case, one law. It’s about creating a world where everyone feels safe and respected and empowered to speak their truth. Speaker #1 It’s just it’s sad to think how many people are out there going through something like this, like Olivier went through. Speaker #2 It’s really tough. Speaker #1 But it is kind of inspiring, too, to see someone like her. Stand up for herself like that. You know, fight back. Speaker #2 It takes a lot of courage. Speaker #1 Even when it’s hard. Speaker #2 Yeah. Speaker #1 Especially when it feels like everyone’s against you. Speaker #2 Yeah, definitely. Speaker #1 And she didn’t back down. Not even when they tried to use that arbitration agreement to silence her. Speaker #2 Yeah. Speaker #1 She saw right through it. She knew they just wanted to keep things quiet, protect the company, even if it meant she didn’t get justice. Speaker #2 Exactly. Speaker #1 That’s why this EFA is so important. It gives people like Olivieri a real chance. It makes things more fair. Make sure these cases can be heard. you know, publicly. Speaker #2 It’s huge. Speaker #1 Makes you wonder how many other cases might have turned out differently if the EFA had been around sooner. Speaker #2 Yeah, who knows? But it’s definitely possible. Speaker #1 And that’s why we keep talking about these things, raising awareness about the EFAA and what it all means. Speaker #2 Exactly. Speaker #1 Because this isn’t just about one case, right? It’s about changing the whole culture at work, making harassment and retaliation completely unacceptable. Speaker #2 Yeah. Speaker #1 That’s the goal. Speaker #2 Absolutely. Speaker #1 And it starts with all of us. Speaking up when we see something wrong. Speaker #2 Yes. Speaker #1 Supporting people who share their experiences and demanding that people in power, you know, are held accountable. Speaker #2 It’s about respect. Speaker #1 Yeah, it’s about creating a culture of respect where everyone feels safe and valued. Speaker #2 Exactly. Speaker #1 And, you know, we have to remember the law is just one part of it. Speaker #2 Right. Speaker #1 Real change takes all of us working together to make workplaces better and fairer for everyone. Speaker #2 Couldn’t agree more. Speaker #1 So. as we finish up our deep dive into olivier vestifal let’s keep the big picture in mind this case isn’t just about a legal fight it shows us that power dynamics are everywhere especially at work and that we all need to know our rights and feel like we can speak up it’s so important it’s a reminder that staying silent only protects the people doing wrong yeah but speaking out that can start real change absolutely so if you’re ever in a situation that feels wrong Remember Patricia Olivieri. Remember that you have options. You have rights. You don’t have to be quiet. Speaker #2 You have a voice. Speaker #1 The EAA is a powerful tool, but it’s up to all of us to use it and to build a world where we don’t even need laws like this anymore. Speaker #2 That’s the goal. Speaker #1 Until next time, keep diving deep and keep fighting for a better world. Speaker #2 See you next time. Speaker #0 If you like the Employee Survival Guide, I’d really encourage you to leave a review. We try really hard to produce information to you that’s informative, that’s timely, that you can actually use and solve problems on your own and at your employment. So if you’d like to leave a review anywhere you listen to our podcast, please do so. And leave five stars because anything less than five is really not as good, right? I’ll keep it up. I’ll keep the standards up. I’ll keep the information flowing at you. If you’d like to send me an email and ask me a question, I’ll actually review it and post it on there. You can send it to M. C-A-R-U-I at CAPCLaw.com. That’s CAPCLaw.com.