HOPE HICKS' COMPLAINT AGAINST MAERSK HAS BEEN FILED AND DOCKETED WITH THE COURT. HOWEVER, DUE TO A PROCEDURAL ISSUE RELATED TO FILING A COMPLAINT BY A PERSON PROCEEDING IN PSEUDONYM, MIDSHIPMAN Y’S COMPLAINT IS IN THE PROCESS OF BEING REFILED. THE CONFIRMATION WE RECEIVED THIS MORNING AND SENT TO YOU, LATER IN THE DAY, BOUNCED BACK TO US. WE WILL SEND THE FILED STAMPED COPY AS SOON AS WE GET IT, BUT WE DO NOT KNOW WHEN THAT WILL BE.
NEW YORK, June 14, 2022 (GLOBE NEWSWIRE) -- Sanford Heisler Sharp together with Maritime Legal Solutions today filed two related complaints in New York state court against Maersk Line, Limited (“Maersk”). The complaints allege that Maersk failed to adequately protect U.S. Merchant Marine Academy (“USMMA”) midshipmen from sexual assault and sexual harassment while working aboard Maersk ships as part of the USMMA’s “Sea Year” program.
The first complaint was filed on behalf of Hope Hicks, a current USMMA student who shook the maritime industry last year when, under the moniker “Midshipman-X,” she publicly described how she was raped by her superior officer while serving as an engine cadet aboard a Maersk cargo ship. The second complaint was filed on behalf of another USMMA student who goes by the moniker “Midshipman-Y.” According to the complaint, Midshipman-Y was so severely sexually harassed aboard a Maersk ship during her Sea Year that she slept clutching a knife for protection.
The USMMA Sea Year Program requires, as a precondition to graduation, that students work on commercial ships for months at a time to gain practical shipboard experience. Maersk and other commercial shipping companies contract with the federal government and receive subsidies in exchange for, among other things, employing students from the USMMA during their Sea Year.
Hicks’ complaint alleges she was the only woman aboard her assigned Maersk vessel during her Sea Year in 2019 and that, while on board, she was raped by one of the ship’s top-ranking officers, a man more than 40 years her senior. According to the complaint, when Hicks confronted the officer, she was told no one would believe her if she made a report. According to the complaint, Hicks suffers from severe and ongoing emotional distress as a result of the traumatic events she experienced on the Maersk vessel.
Midshipman-Y’s complaint alleges that she experienced extreme sexual harassment, unwanted touching and discrimination while on board the same Maersk vessel two years later. According to the complaint, Midshipman-Y was severely sexually harassed by a crewmember who was known to other Maersk officers and crewmembers as being violent. Although crewmembers and officers were allegedly aware of the harassment, no one intervened or reported the misconduct. The complaint further alleges that Midshipman-Y was treated less favorably than male crewmembers on account of her gender. Driven to desperation, at the first opportunity, Midshipman-Y begged USMMA representatives to get her off the ship prior to the completion of her required sea time. As a result of the traumatic experience, Midshipman-Y had to take an academic setback and is unsure if she will ever be emotionally capable of completing the USMMA.
According to both complaints, Maersk was aware of the prevalence of sexual assault and harassment on its ships. Specifically, U.S. Transportation Secretary Anthony Foxx suspended the Sea Year program in 2016 amid allegations of rampant sexual assaults and harassment of cadets during Sea Year voyages. Once reinstated, regulations required Maersk and other shipping companies participating in the Sea Year program to enact and enforce procedures to protect against sexual assault and harassment of USMMA midshipmen aboard their vessels.
“What happened to Hope and Midshipman-Y was both foreseeable and preventable by Maersk,” said Steven J. Kelly, Partner at Sanford Heisler Sharp and counsel for plaintiffs. “Maersk acknowledged that it owes a special duty of care to USMMA cadets, yet even after the Sea Year program was reinstated in 2017, Maersk failed to implement and enforce adequate policies and procedures to protect these young women.”
The complaint alleges that even after the 2016 temporary suspension of the Sea Year program, Maersk was complacent about its sexual assault and harassment prevention duties. According to the complaint, Maersk’s indifference to its duties was evident when one of Hicks’ Maersk supervisors tasked her with logging onto a computer and completing the required sexual assault and harassment training on behalf of a number of other crew members. Following the publication of Midshipman-X’s story, Transportation Secretary Pete Buttigieg again suspended the Sea Year program in November 2021.
“Speaking up against a powerful corporation is intimidating, which is why, up to this point, Hope has declined to reveal her identity, opting instead to go by the moniker Midshipman-X,” said Christine Dunn, Partner at Sanford Heisler Sharp and counsel for plaintiffs. “But, today, Hope is publicly identifying herself in an effort to seek justice for the sexual assault and harassment that she, and others – like Midshipman-Y, endured aboard Maersk vessels.”
Ryan Melogy, Founder of Maritime Legal Solutions and co-counsel for plaintiffs, who is himself a USMMA graduate, noted that “For years there have been reports of widespread sexual assault and harassment in the maritime industry, yet nothing has changed. Now real change may finally be on the way thanks to the bravery of survivors like Hope and Midshipman-Y. These courageous young women are standing up, speaking out, and saying “this has got to stop!”
The Lawsuit
The complaints assert that Maersk’s conduct violates the Jones Act because plaintiffs’ injuries were directly caused by Maersk’s negligence and failure to provide a seaworthy vessel. Hicks’ complaint also alleges a violation of the New York Human Rights Act, while Midshipman-Y’s’ complaint alleges violations of the New York Human Rights Act and Title VII. The complaints request a jury trial.
About Sanford Heisler Sharp, LLP
Sanford Heisler Sharp, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, San Diego, Nashville, and Baltimore. Sanford Heisler Sharp focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp as 2021 Employment Rights Firm of the Year and 2021 Human Rights Firm of the Year.
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If you have potential legal claims and are seeking counsel, please call 619-577-4253 or email david.sanford@sanfordheisler.com. Attorneys at Sanford Heisler Sharp would like to have the opportunity to help you.
If you are a current or former student of a merchant marine academy who experienced sexual assault or harassment while participating in your school’s Sea Year program, please fill out this questionnaire.
About Maritime Legal Solutions, PLLC
Maritime Legal Solutions, PLLC is a maritime law firm specializing in the representation of mariners who have been the victims of shipboard harassment, sexual harassment, and sexual assault. For more information visit www.JusticeForMariners.com.
For more information, contact Jamie Moss, newsPRos, at 201-788-0142 or jamie@newspros.com.
