Most people assume that all sexual harassment based retaliation claims are men harassing women. However, a new trend is emerging as women climb the government and corporate ranks, once almost exclusively filled by men: women being accused of sexually harassing and retaliating against complaining men.
In a case that is garnering more attention, James T. Hayes, currently ICE Special Agent in Charge in New York, sued Janet Napolitano, DHS Secretary, alleged in a lawsuit that he was discriminated against by two female cronies of Secretary Napolitano because he was male. When he complained and later filed an EEOC claim, Hayes alleges that he was targeted for retaliation.
If what Hayes alleges is true, it looks like a typical retaliation case based on sex – except that we have a male plaintiff and female defendant.
This will be an interesting case to watch.