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Oct 15 18

Court Rules to Allow Sexual Harassment and Invasion of Privacy Claims to Continue Against M7 Aerospace and Elbit Systems of America

Carlos Solis

Federal Government Contractor Attempted to Dismiss Sexual Harassment Cases

SAN ANTONIO, TX – Oct. 15, 2018 Federal contractor, M7 Aerospace, and its $5 billion parent company, Elbit Systems of America filed a motion on Sept. 14, 2018 to dismiss a lawsuit from two females for Sexual Harassment, Invasion of Privacy, and Negligent Hiring and Supervision while employed by M7 Aerospace. The lawsuit stems from M7’s failure to terminate a Depot Engineer Manager with a known history of sexual harassment, privacy violations, and inappropriate intimate photography of women. By not terminating the employee, the lawsuit claims, they allowed him to victimize at least two additional female employees. Hilley & Solis maintained this lawsuit had merit and the victims deserved to continue in their fight for justice and vigorously fought M7’s motion to dismiss.

On October 9, 2018, the Court ruled with Hilley & Solis on two of the three counts and allowed the Sexual Harassment and Invasion of Privacy claims to continue. The court denied M7’s motion to dismiss the Sexual Harassment and Invasion of Privacy claims and only granted M7’s motion to dismiss on a single count, Negligent Hiring and Supervision. 

 

“Plaintiffs’ cause of action for “hostile work environment,” based on sex discrimination, fails because…there is no allegation that the Plaintiffs, themselves, were aware of any misconduct until after its occurrence.”

 – Defendants M7 Aerospace, LLCs and Elbit Systems of America, LLC’s Motion to Dismiss

 

“M7 wanted to dismiss the lawsuit partly on the grounds the victims didn’t know at the time the known harasser was taking upskirt photos –  so it does not qualify as sexual harassment.  That’s just absurd,” said Carlos Solis, Partner at Hilley & Solis Law. “We need to send a clear message that harassment is inexcusable and continuing to employ a known harasser and putting additional women in his path is indefensible.”

The Times Up Legal Defense Fund reported that since launching in January, more than 3,500 people in all 50 states have reached out for legal help with sexual harassment at work.

 

“Plaintiffs’ legal theory, apparently, is that once an employee engages in harassment, the alleged harasser must either be terminated or forever isolated from anyone else he or she might possibly victimize in the future. This theory has no basis”

 – Defendants M7 Aerospace, LLCs and Elbit Systems of America, LLC’s Motion to Dismiss

 

“We look forward to finding out why M7 and Elbit Systems decided to leave this known pervert in their offices to further victimize women,” said Solis.

Sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code. Hilley & Solis (Cantu, et al v. M7 Aerospace, et al, Cause No. 2018-CI-13266).  The lawsuit seeks monetary damages for the victims, including compensatory and punitive damages.

M7 is an aerospace company headquartered at the San Antonio Airport. M7 is the successor organization to Fairchild Dornier Aviation, having bought much of the firm’s assets out of bankruptcy. On December 15, 2010, M7 was purchased by the United States subsidiary of the Israeli defense contractorElbit Systems.

M7 Aerospace has five distinct business units:

 

About Hilley & Solis

The attorneys at Hilley & Solis Laware former prosecutors who represent individuals facing employment issues, personal injury, and those charged with various types of criminal charges in San Antonio. We also represent people throughout Texas, including the Valley, Corpus Christi, Houston and Dallas. Visit www.hilley-solis.comfor more information.

 

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