I couldn't put this book down. And, it was absolutely horrifying.
The true story of how sexual harassment law evolved right here in Minnesota, and the cost of standing up for your rights, this book chronicles a fifteen-year legal battle waged by women taconite miners to fighting for the right to not be terrorized at work. All they wanted was a sexual harassment policy and a grievance policy. And it took them more than 20 years to get one.
I wanted to learn more about the history of sexual harassment law and the shoulders I am standing on. I needed to know who had fought the battles to make current law offer the protections it does (which we know are still not enough). And what I learned was so eye-opening and disturbing. What these women went through was so horrific -- both in the mines and in the long, traumatizing journey of the lawsuit.
Instead of settling the case at the outset and creating a sexual harassment policy, which is all the women wanted in the first place, Eveleth Mines spent millions of dollars on litigation insisting they didn't need one. They dragged these women into endless depositions, going over every traumatic thing that had ever happened to them, in hopes of proving that any emotional damage these women suffered was due to something other than the terrorism they had faced at work. And although the records of these traumas were supposed to be sealed under law, the judge WAS HIMSELF A SEXUAL HARASSER and aired all of these women's deepest darkest secrets, which had NOTHING TO DO with harassment at the mines, for the whole world to know. And during the course of the litigation, the women's mental health deteriorated beyond repair -- because of their fear of retaliation, the uncertainty of what would happen, their damaged credibility and reputation among their small community, and the way the defendants' lawyers tried to destroy them through deposition and on the stand.
They created great law on appeal. But at terrible psychological cost.
Did you know! If you don't have a sexual harassment policy and clear grievance procedures, you could be held liable in court. This has been common practice since 1986 when the issue first came before the Supreme Court. Anyone who tells you that a policy *makes* you liable is wrong (someone tried to convince me of this; I did not buy it). Does your workplace not have one? You should change that probably today.
This book was riveting and horrifying and I couldn't put it down. It was very heavy on the legal stuff -- this case was groundbreaking on a number of legal fronts: the first sexual harassment case to be certified as a class action, the first sexual harassment case where the company was held liable, and an incredible win in the Eighth Circuit Court of Appeals. (The book was co-written by a journalist and a lawyer.) This book was clearly focused on the law rather than character-driven narrative, though it is a page-turner regardless.
Anyway, Lois Jenson is an American hero and she lives right here in Minnesota. Know her name. Know her story. Know the shoulders you stand on.