Oct 29, 2008 03:20 PM
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Sat Jul 31
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We didn't think we could still use the words "shocked" and "Dov Charney" in the same sentence, but if true, the latest revelation about American Apparel's Chief Executive Sleaze is truly horrifying. According to legal journal "On Point News", when the latest in a string of female employees, Mary Nelson, charged Charney with a battery of sex harrassment offenses ("cock socks" and "reigns of sexual terror" were both convincingly invoked), it Charney tried to get her lawyers to let him settle in secret, but publicly claim her charges had been dismissed in a fake hearing his people had put together.
Here's what On Point says (they have a link to a PDF of the legal papers, by the way): So, Nelson sues Charney. Charney's legal team suggests they decide the case by arbitration to avoid the publicity of a trial. Fine. In fact, though, there was nothing to "arbitrate." Here's what Charney apparently wanted: to secretly settle, then have a pretend arbitration, which would then be "decided" in Charney's favor... and the case dismissed. At which point AA would release a statement (which they'd already written) proclaiming his triumphant exoneration. Basically, AA would pay the woman to shut up and pretend she was a liar so Charney had one less sexual harassment conviction on the record and could get back to the important business of promoting fair labor practices and half-naked teenagers. Or, as the prefab press release put it, “I am pleased that we have been able to bring clarity to the role of the First Amendment in the American workplace."
Here's the agreement Charney and his people allegedly wanted, to quoteOn Point:
According to the settlement agreement, the arbitrator would be chosen only by the defense, would be presented with 'a stipulated record of facts, and would decide that Nelson 'was not subjected to unlawful sexual harassment.' Following the filing of the arbitrator's 'decision,' American Apparel would be allowed to issue the press release.
On Point's information is said to be based on an unpublished decision from California's 2nd District Court of Appeal. And yes, they allegedly rejected Charney's "compromise." As the appeals court put it, “[T]he proposed press release is materially misleading — among other things, no real arbitration of a dispute occurred and plaintiff received $1.3 million in compensation.”
According to the article, Nelson's attorneys were predictably appalled. However, since her lawyers reportedly refused to go along with what they called a "sham arbitration," the AA people are using their non-cooperation with the charade as an excuse not to pay her the settlement. Now they're going to arbitration for reals, we're told.
I'd really like this to not be true. Because, if true, it's further proof — albeit irrefutable, revolting proof —of a sense of self-righteous entitlement that would be really terrifying in the head of America's largest manufacturer. What we already know about him for sure is damning enough! While we're likely to learn more about the case, it should be said that a lot of this squares with Charney's sense of grievance against the "selfish" women who are willing to compromise his important work for the sake of their dignity. Even were one prepared to regard the plaintiffs with a cynical eye, there would be no justifying what amounts to fraud, and at best a shocking attempt at public manipulation. Stay posted.
Fashion Mogul "Fakes" Arbitration In Harassment Case [On Point News]
Earlier: Everything You Didn't Know About Dov Charney And Weren't Afraid To Ask
American Apparel's Dov Charney Explains It All For You On SNL
American Apparel CEO Orders Subordinate To Pleasure Herself; She Services Him With A Lawsuit
Send an email to Sadie Stein, the author of this post, at Sadie@jezebel.com.
Original material is licensed under a Creative Commons License permitting non-commercial sharing with attribution.
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