Employer Claims Victim is Too Unattractive to Harass
Often, the way an employer defends itself against a lawsuit reflects on the underlying claims of the employee. Look at the lawsuit filed by Priscilla Agosto against a Brooklyn, New York real estate company. Ms. Agosto claims the male workers rubbed themselves against her, made crude remarks and even asked for oral sex. So, in defense to the lawsuit, one of the owners at People's Choice Realty say no way, Ms. Agosto is too unattractive to harass. Yes, they really said that. See New York Daily News report.
Odelia Berliashik, one of the owners of the firm, responded to the lawsuit, "Who would touch her? She's an ugly girl anyway." Ms. Agosto endured repeated abuse and only quit when one of the co-workers slapped her. Ms. Agosto says she went crying to Odelia but was waved away.
Odelia Berlianshik said she told the co-worker to apologize. The two other co-owners, Mickey and Richard Berlianshik are named in the lawsuit along with Odelia.
This may be a creative defense, but it will surely only help the plaintiff win the sympathy of the judge and jury. You just cannot make this stuff up.....
This defense may not sound so great to legal ears, because it does not support good policy, but to the average guy, and maybe even the average girl, it may not seem so crazy. The brute fact is that this tactic will likely cause the jury to look this plaintiff up and down. And if the defendants seem genuine in their (lack of) attraction, it may work. Keep us posted.