Wexler Firm Files Motion for Class Certification in Nationwide CB Richard Ellis Sexual Harassment Lawsuit -- CBG

Motion Details Pervasive, Management Supported Pattern of Harassing Behavior; Lawsuit Could Impact Thousands of Former and Current Female Employees


LOS ANGELES, Aug. 31, 2004 (PRIMEZONE) -- The Wexler Firm LLP today announced that it has filed a motion for class certification of a nationwide sexual harassment lawsuit begun in September 2002 against commercial real estate giant CB Richard Ellis (NYSE:CBG).

If the motion succeeds, as many as 9,000 current and former CBRE employees could become members of one of the largest sexual harassment class-action lawsuits filed. The lawsuit alleges CBRE management condoned, and in some cases participated in, a pattern of sexual harassment in its offices across the country. CBRE had few policies and procedures against sexual harassment, and those it did have were not enforced, according to today's filing.

The 85-page motion filed with the U.S. District Court in Chicago, provides a summary of testimony from numerous former and current CBRE employees throughout the United States that clearly documents management's support of a pervasive pattern of sexually harassing behavior, including:



 -- A frat-house mentality existed that allowed the free distribution
    and viewing of pornographic materials by male employees and
    supervisors, regular sexually explicit conversations and
    derogatory comments, the rating of women's bodies by men and
    harassing behavior at company events.  As an example, at several
    annual awards dinners, management presented a plastic dildo as the
    "Rookie of the Year" award to the top first-year broker.  Neither
    the CBRE Chief Operating Officer nor other managing directors in
    attendance ever registered a complaint, conducted an investigation
    or took disciplinary action about the awards.  Under oath in a
    deposition, the CBRE Chief Operating Officer said that he did not
    know if he would take action even if the incident were to occur
    again.

 -- Both the current CEO and president failed to attend previously
    mandatory diversity training classes and repeatedly refused to
    implement comprehensive affirmative action programs, citing them 
    as "low priorities."

 -- The company failed to provide a clear protocol for handling sexual
    harassment complaints.  During discovery, plaintiffs' attorneys
    found no fewer than 25 versions of policies that purport to govern
    sexual harassment issues.  In deposing CBRE management personnel,
    including the company's corporate counsel and HR representatives,
    it became clear that even senior managers were uncertain  what the
    company's policies were.  Throughout witness and plaintiff
    testimony, female employees recount how their repeated complaints
    to company management went nowhere.

 -- A former office administrator from St. Louis describes how
    disempowered she was to act on female employee complaints:

    ". . . I made complaints to corporate HR," Ms. Schramm said, "but
    HR either told me that there was nothing the company could do or
    did nothing in response to my complaints . . . I was repeatedly
    told that, because the brokers made the money for the company, it
    did not matter what kind of conduct they engaged in or whether
    that conduct offended female employees."

 -- Despite the company's claim of having a "zero tolerance" sexual
    harassment policy, no written policies to that effect existed, and
    neither the human resources nor legal department provided a
    supportive system for female employees to resolve sexual
    harassment issues. In a deposition, the CBRE General Counsel
    stated that unless male perpetrators expressly admitted to
    committing sexual harassment, the company takes no action against
    them.

Plaintiffs' attorney Elizabeth A. Fegan said, "Through witness testimony and depositions of CBRE's own management team, it is clear that CB Richard Ellis' definition of 'zero tolerance' is a parody and a superficial effort to avoid litigation. Despite numerous incidents and cries for help from its female employees, CBRE deliberately chose to forego establishing an effective system to eliminate harassment from its ranks, instead condoning this type of behavior as the norm."

"The harassment is humiliating and emotionally devastating," said lead plaintiff Amy Wiginton. "The support staff at CB Richard Ellis is almost entirely female, and the brokers are overwhelmingly male. Because women at the company are forced on a daily basis to endure sexually explicit behavior from male supervisors and employees, CBRE has created an environment that is both hostile and totally intimidating for women. I finally decided that someone needed to speak up and put an end to this type of behavior. It's time that CB Richard Ellis be held accountable."

Today's motion argues that the Wiginton lawsuit meets all the tests for class-action status because of the large number of current and former employees who make up the potential class, because their experience of having to endure a hostile workplace environment was substantially the same, and because management's actions perpetuated and allowed the sexual harassment to exist in all of its offices.

The suit filed by The Wexler Firm LLP of Chicago and attorney Elizabeth A. Fegan seeks to enjoin CBRE from continuing to sexually harass its female employees and seeks injunctive relief and punitive damages for all members of the class. A website with information about the suit can be accessed at www.cbrichardellislawsuit.com.

More information on this and other class actions can be found on the Class Action Newsline at www.primezone.com/ca



            

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