Bradford White sex harassment trial dates slated
6/4/01
Shelly Sulser
Staff Writer

More than a year after former forewoman Renee Reurink filed a
sexual harassment lawsuit against her former employers, the
Bradford White Corporation and former plant manager Bob
Hermenitt, the case has been scheduled to be tried Oct. 8, 9, 12,
15, 16 and 19 in Barry County Circuit Court.

"We're very excited to take this to a trial," said Reurink's attorney,
Rob Longstreet of Hastings. "The people of Barry County will find it
very startling to learn what has been allowed to go on at one of the
largest employers in Barry County."

The Bradford White Corporation produces residential and commercial
grade water heaters at its Middleville plant.

The suit charges violations of the Elliott/Larsen Civil Rights Act and
includes allegations of sexual harassment, encompassing claims of
a hostile work environment and a quid pro quo (employee either
submits to sexual demands or forfeits job benefits and privileges or
is subjected to less favorable working conditions. 

There is also a separate claim of retaliation due to Reurink's efforts
to report the alleged harassment and a common law battery count
against Hermenitt.

Aside from Reurink, 77 witnesses could be called to testify at the
trial for the plaintiff about alleged incidents at "The Animal House,"
(referring to the company's commercial line building where some of
the "worst [alleged] sexual horseplay occurred), while nearly 40
witnesses may be called by the defense.

"We feel confident we're going to be able to prove that Bradford
White met their obligations under the law," said defense attorney
David Rhem of Grand Rapids. "The facts will show that the company
acted responsibly. The company has always had a policy and it's still
in effect today."

But Reurink's claims the company's "sexual harassment policy" was
a one-page memo posted on bulletin boards twice over a period of
20 years.

She also charges that Hermenitt testified that it was his
understanding that the policy was for hourly employees and did not
apply to management like him.

A number of the witnesses are current and former employees of the
company who are expected to testify to similar acts of sexual
behavior and a lack of action by the company as far back as 1993.

Three women are expected to testify that Hermenitt had asked them
out while they worked as his subordinates at Bradford White with one
woman saying he asked her to go away for the weekend and hugged
her.

Another woman testified he professed his love for her, called her at
home repeatedly while she was suffering from a nervous breakdown
after a recent breakup with her husband and asked her to meet him
for drinks.

A brief filed by the plaintiff also reveals that the woman had gone to
company Chief Executive Officer Richard Milock with almost identical
complaints as Reurink's about Hermenitt years prior and that Milock
had then warned Hermenitt that if it happened again, he would be
terminated.

"The full extent of the company's knowledge of many sexual
harassment/hostile work environment problems were not revealed
until this court ordered that it turn over 10 years worth of prior
sexual harassment complaints near the end of the discovery
period," the brief states.

According to Reurink's lawsuit, it was understood at the company
that if certain female employees who were subordinates would sleep
with their foremen that they would get better jobs and better pay.

Her suit also charges that Hermenitt's full body hugging became too
much, that he frequently asked her out on dates, promoted her
because of his sexual, romantic and personal interest in her and
that the upper level managers turned a deaf ear to her repeated
complaints.

In one instance, Hermenitt is accused of calling Reurink on her work
phone and propositioning her for the third time that day.

"He called me in a real low voice," said Reurink in her deposition. "It
was really scary, the way he asked me. He asked me again if I
would consider going out with him and I said, ‘you know I'm
married.’ He said, 'well what if something happened, would you go
out with me?' And that time, I'm going, 'well, OK, what are you going
to do to my husband?' That's what went through my head."

Longstreet said his client's goal is to prevent other employees from
suffering from the same type of harassment and hostile work
environment that led to her resignation.

"She's put her personal life on the line for this case," said
Longstreet. "One thing that keeps her motivated is knowing she's
going to make a change for all of the employees at the Bradford
White Corporation. She doesn't want anyone else to go through what
she went through."

The 36-year-old Reurink, who worked at the Bradford White
Corporation from 1996 to 1999, alleges that she quickly noticed that
the atmosphere at the company was sexually charged and that
almost everyone took the sexual harassment policy as a joke.

She also testified that she was aware of other women complaining
about sexual harassment while she worked there and that it was a
common practice and common knowledge that pretty young female
employees who "went out on dates" or slept with the bosses got the
better, easier jobs.

Reurink, who has been married for 18 years, joined the company
working on the second shift assembly line. 

In August of 1997, she was moved to the "labor bank" and in 1998,
she was promoted to "inspector" where her second shift supervisor
was Charlie Shockey.

"It was while working as an inspector that Renee first met the plant
supervisor of production, Bob Hermenitt," according to her lawsuit.
"Bob Hermenitt immediately began hugging Renee. Renee
described the hugs as Bob Hermenitt putting his arms around her
waist and pulling her body close to his."

Reurink also claims that Hermenitt would touch her stomach with his
hand and brush up against her breasts with his body.

The hugging occurred whenever Hermenitt would see Reurink, she
claims.

"At the outset of her promotion, Renee heard rumors all around the
Bradford White plant that she was sleeping with Bob Hermenitt and
that was the reason why she was being promoted to supervisor,"
Longstreet claims.

Hermenitt also allegedly admitted to asking Reurink if she would be
interested in someone of "his age" that he called her while she was
working and asked her if she had an answer to his question about
being interested in dating someone of his age.

"Apparently still not willing to take 'no' for an answer, Hermenitt
continued to hug Renee on a daily basis," the suit alleges. "Then, in
October of 1999, Bob Hermenitt e-mailed Renee using her Bradford
White e-mail address. Renee had never received such a
communication from him or anyone prior to this day not related to
work."

In the e-mail, Hermenitt allegedly invited Reurink over to his house
saying, "You do not owe me anything. I would like to invite you over
to my house after work on Thursday 10-7-99 to look at the new
windows that were installed and the new garage addition on my
house. If you do not want to, I understand. This is in no way a come
on or anything like that..."

"The receipt of the e-mail reduced Renee to tears," her brief states.
"The record reflects that Reurink has absolutely no experience or
interest in window replacements or garage additions."

Following the chain of command that Bradford White employees
understood to be the procedure, Reurink showed the e-mail to her
direct supervisor, longtime employee Dick Manni.

"Manni told Renee that it was his opinion that she should not report
the e-mail to upper level management because Bob Hermenitt's job
would be in jeopardy," the brief alleged. "Supervisor Dick Manni
never did anything about Renee's complaint. Bob Hermenitt
continued to put his arm around Renee."

According to Longstreet and co-counsel Eugenie B. Eardley of
Cannonsburg, Manni's opinion seemed to be "based on what turned
out to be proof that Manni, as well as most of Bradford White
management team had ample knowledge of Hermenitt's nearly
30-year history of serial sexual predation upon subordinate female
employees...and the frequently unwelcome nature of these
attentions."

Since Manni was not going to assist her, Renee "mustered up
enough courage to confront Bob Hermenitt in his office by herself,"
the plaintiff's brief reveals. "Although scared, Renee relayed to Bob
Hermenitt that the e-mail had disturbed her deeply, that she was
completely uncomfortable with his actions and that she wanted it all
to stop."

But Hermenitt allegedly responded by backing his chair away from
his desk and offering her another hug.

Thereafter, Charlie Shockey, Renee's former supervisor in a different
department, approached her about the e-mail, warning her that if
Hermenitt found that other people knew about the e-mail such as
Dick Manni or Jerry Hammond, that Renee would be fired.

"Renee's self initiated appointment with Dick Milock (CEO) was
disheartening, at best," her brief states. "Renee explained to Dick
Milock everything about Bob Hermenitt's sexual advances towards
her and how much it was affecting her and how unwelcome it was."

Reurink said she also told Milock that she had already complained
about Hermenitt to her immediate supervisor, Dick Manni, and that
nothing had been done.

"Dick Milock's surprising response to Renee was for him to state to
her that she was a 'very attractive young woman,' and that 'if you
were single, I don't see anything wrong with it.'"

Milock admitted he called Hermenitt into his office and suggest that
he "stay away" from Reurink "with full knowledge that he had been
in this same spot before, warned by Milock to never do it again to
another female employee at the risk of termination."

After speaking with Milock, Reurink's ability to do her work became
more difficult, she claims.

"Now, running one of the most hectic and difficult lines in the entire
factory, she had zero communication with the plant manager in
charge of production, Bob Hermenitt."

She also claims that Manni treated her differently after she went to
Milock and continually asked her to go to Hermenitt's office and
deliver papers.

"Renee remembers Dick Manni chuckling and cruelly teasing Renee
about her situation with Bob Hermenitt," she claims.

Hermenitt was employed at Bradford White Corporation for 30 years,
more than 20 of them as a supervisor, and "was asked to leave" his
position Sept. 20, 2000, after Reurink's lawsuit was filed in April.

According to the brief, Reurink left the company in 1999 "because
the workplace became intolerable due to Hermenitt's conduct, and
she felt she had no other choice. She simply signed the form she
was presented without adding a long dissertation on her troubles
with Hermenitt."

Milock retired from the company earlier this year.

An attempt by the company to prevent other witnesses from
testifying in Reurink's case was rebuffed May 22 when Circuit Judge
James Fisher denied the company's motion to strike them from the
witness list.

"Their motion was to keep two former Bradford White employees –
one male and one female – from testifying," said Longstreet. "They
are going to testify as to the sexually pervasive, hostile atmosphere
at Bradford White."

According to Longstreet's brief, one former employee testified that
one young man that worked in the same area with him who was a
married man was often the target of physically and pornographic
type behaviors.

Reurink claims that as a result of her experience at Bradford White,
she suffers from a nervous stomach, fatigue, headaches, neck pain,
numbness and forgetfulness.

"Renee explains that she is 'always in thought," said Longstreet,
"that she has a fear of ever going to another plant and that she
does not want to ever work with men again."

He added that "Renee is often afraid that Bob Hermenitt will come to
her home."

Reurink also claims loss of consortium with her husband and asks
for compensatory damages and exemplary damages each in excess
of $25,000.

She is also seeking lost wages, value of fringe benefits, interest,
costs, reasonable attorney fees and an order "enjoining defendants,
its agents, representatives and employees from further acts of
harassment or retaliation..."