Jenson vs. Eveleth Mines a.k.a. Jenson v. Eveleth Mines, Jenson v. Eveleth Taconite
Affirmative action came to the Iron Range in
1974 when the U.S. government forced steel
companies to hand over 20% of their jobs to
women and minorities. The following year, a
petite and feminine, single mother on welfare
named Lois Jenson was hired as one of the
first female workers in the Eveleth iron mine in
northern Minnesota. She worked grueling
hours cleaning soot from huge grinding
machines, and, along with her fellow female
coworkers, endured brutal sexual and gender
harassment from the men who believed
women should remain at home and not
compete with men for scarce jobs. (Lois was
also stalked by one of her supervisors.)
At first, terrified of being fired, the women
remained quiet. Ultimately the harassment
became intolerable, forcing them to complain;
however, the company did nothing.
1974 when the U.S. government forced steel
companies to hand over 20% of their jobs to
women and minorities. The following year, a
petite and feminine, single mother on welfare
named Lois Jenson was hired as one of the
first female workers in the Eveleth iron mine in
northern Minnesota. She worked grueling
hours cleaning soot from huge grinding
machines, and, along with her fellow female
coworkers, endured brutal sexual and gender
harassment from the men who believed
women should remain at home and not
compete with men for scarce jobs. (Lois was
also stalked by one of her supervisors.)
At first, terrified of being fired, the women
remained quiet. Ultimately the harassment
became intolerable, forcing them to complain;
however, the company did nothing.
In 1993, a retired judge was named
special master to oversee a trial to
assess the amount of money the women
should be paid in damages. He had "old
school" beliefs and a past history of
sexual harassment. Eveleth Mines' lead
counsel during this phase was a woman,
and she planned a "nuts and sluts"
defense to minimize the amount of
damages awarded to each plaintiff. Her
strategy involved proving that the women
either caused the harassment by their
own behavior towards their male
coworkers, or were lying about the
severity and the psychological effects.
The judge permitted Eveleth's lawyers to
obtain the women's medical histories
from birth, and before the trial, the
plaintiffs endured close to 80 days of
brutal depositions that explored their past
personal and sexual lives in great detail,
regardless of relevance. Said one
plaintiff, "I felt I was raped on the stand."
special master to oversee a trial to
assess the amount of money the women
should be paid in damages. He had "old
school" beliefs and a past history of
sexual harassment. Eveleth Mines' lead
counsel during this phase was a woman,
and she planned a "nuts and sluts"
defense to minimize the amount of
damages awarded to each plaintiff. Her
strategy involved proving that the women
either caused the harassment by their
own behavior towards their male
coworkers, or were lying about the
severity and the psychological effects.
The judge permitted Eveleth's lawyers to
obtain the women's medical histories
from birth, and before the trial, the
plaintiffs endured close to 80 days of
brutal depositions that explored their past
personal and sexual lives in great detail,
regardless of relevance. Said one
plaintiff, "I felt I was raped on the stand."
Eveleth Iron Mines in Minnesota
Lois Jenson photographed in 2005
The trial commenced in 1995. According to Sprenger, throughout testimony about the
savage sexual harassment that occurred at the mine, the judge frequently fell asleep;
when awake, he seemed to enjoy hearing about the women's ordeal. After the trial, the
judge expressed much skepticism in his 1996 report, calling the women "histrionic."
In the end, he awarded each of them only an average of $10,000. (Soon after the trial,
the judge was arrested for shoplifting.) However, the judgement was reversed in
December 1997 by the Eighth Circuit Court of Appeals. This time, a jury trial was
ordered.
Lois ultimately prevailed after the plaintiffs were awarded $30 million dollars in a
mock trial. In 1998, on the eve of the actual jury trial, the women settled with Eveleth for
a total of $3.5 million dollars. Overall, Lois and the other women went through three
humiliating trials where their character and personal lives were assaulted over and
over again by Eveleth’s lawyers. In addition, they endured the torturous process of
litigation, and further torment of working class citizens by the civilized venue of the
federal court system. Judge Donald Lay wrote,
settlements. All of this could have been avoided simply if they had been willing to
implement a sexual harassment policy. Instead, Jenson vs. Eveleth Mines became
the first sexual harassment class action lawsuit in America, and changed the legal
system as well as lives of the women who fought the war. (50, 51, 52, 54)
savage sexual harassment that occurred at the mine, the judge frequently fell asleep;
when awake, he seemed to enjoy hearing about the women's ordeal. After the trial, the
judge expressed much skepticism in his 1996 report, calling the women "histrionic."
In the end, he awarded each of them only an average of $10,000. (Soon after the trial,
the judge was arrested for shoplifting.) However, the judgement was reversed in
December 1997 by the Eighth Circuit Court of Appeals. This time, a jury trial was
ordered.
Lois ultimately prevailed after the plaintiffs were awarded $30 million dollars in a
mock trial. In 1998, on the eve of the actual jury trial, the women settled with Eveleth for
a total of $3.5 million dollars. Overall, Lois and the other women went through three
humiliating trials where their character and personal lives were assaulted over and
over again by Eveleth’s lawyers. In addition, they endured the torturous process of
litigation, and further torment of working class citizens by the civilized venue of the
federal court system. Judge Donald Lay wrote,
- "It should be obvious that the callous pattern and practice of sexual
harassment engaged in by Eveleth Mines inevitably destroyed the self-esteem
of the working women exposed to it. The emotional harm, brought about by this
record of human indecency, sought to destroy the human psyche as well as the
human spirit of each plaintiff. The humiliation and degradation suffered by
these women is irreparable. Although money damage cannot make these
women whole or even begin to repair the injury done, it can serve to set a
precedent that in the environment of the working place such hostility will not be
tolerated."
settlements. All of this could have been avoided simply if they had been willing to
implement a sexual harassment policy. Instead, Jenson vs. Eveleth Mines became
the first sexual harassment class action lawsuit in America, and changed the legal
system as well as lives of the women who fought the war. (50, 51, 52, 54)
The new Warner Brothers movie, “North
Country,” is based on Jenson’s story and
the book, “Class Action: The Story of Lois
Jenson and the Landmark Case That
Changed Sexual Harassment Law,” by
Clara Bingham and Laura Leedy
Gansler. The movie stars Charlize
Theron as Josie Aimes (the character
based on Jenson), Frances McDormand,
Woody Harrelson, and Sissy Spacek.
Jenson was initially very resistant to
being involved with the film, believing that
Hollywood would exploit, cheapen, or
over-simplify the story. However, the
director, Niki Caro, eventually won her
over.
Country,” is based on Jenson’s story and
the book, “Class Action: The Story of Lois
Jenson and the Landmark Case That
Changed Sexual Harassment Law,” by
Clara Bingham and Laura Leedy
Gansler. The movie stars Charlize
Theron as Josie Aimes (the character
based on Jenson), Frances McDormand,
Woody Harrelson, and Sissy Spacek.
Jenson was initially very resistant to
being involved with the film, believing that
Hollywood would exploit, cheapen, or
over-simplify the story. However, the
director, Niki Caro, eventually won her
over.
After the premiere, Lois commented, "They have made a very good film. It's a story that
compresses 20 years of stuff, and the characters are composites of several of us. But
the sexual harassment depicted was true. They captured the emotions very well, and
overall I think it's an incredibly powerful film that will be around a long time." (53)
Synopsis from Warner Brothers:
When Josey Aimes (Academy Award winner Charlize Theron) returns to her hometown
in Northern Minnesota after a failed marriage, she needs a good job. A single mother
with two children to support, she turns to the predominant source of employment in
the region – the iron mines.
The mines provide a livelihood that has sustained a community for generations. The
work is hard but the pay is good and friendships that form on the job extend into
everyday life, bonding families and neighborhoods with a common thread. It’s an
industry long dominated by men, in a place unaccustomed to change.
Encouraged by her old friend Glory (Academy Award winner Frances McDormand),
one of the few female miners in town, Josey joins the ranks of those laboring to blast
ore from rock in the gaping quarries. She is prepared for the back-breaking and often
dangerous work, but coping with the harassment she and the other female miners
encounter from their male coworkers proves far more challenging.
compresses 20 years of stuff, and the characters are composites of several of us. But
the sexual harassment depicted was true. They captured the emotions very well, and
overall I think it's an incredibly powerful film that will be around a long time." (53)
Synopsis from Warner Brothers:
When Josey Aimes (Academy Award winner Charlize Theron) returns to her hometown
in Northern Minnesota after a failed marriage, she needs a good job. A single mother
with two children to support, she turns to the predominant source of employment in
the region – the iron mines.
The mines provide a livelihood that has sustained a community for generations. The
work is hard but the pay is good and friendships that form on the job extend into
everyday life, bonding families and neighborhoods with a common thread. It’s an
industry long dominated by men, in a place unaccustomed to change.
Encouraged by her old friend Glory (Academy Award winner Frances McDormand),
one of the few female miners in town, Josey joins the ranks of those laboring to blast
ore from rock in the gaping quarries. She is prepared for the back-breaking and often
dangerous work, but coping with the harassment she and the other female miners
encounter from their male coworkers proves far more challenging.
Times are tough. The last thing the
miners want is women competing for
scarce jobs – women who, in their
estimation, have no business driving
trucks and hauling rock anyway. If these
newcomers want to work the mines they’
ll have to do it on the terms set by the
veteran workforce and it won’t be easy.
Take it or leave it.
When Josey speaks out against the
treatment she and her fellow workers
face she is met with resistance – not only
from those in power but from a
community that doesn’t want to hear the
truth, her disapproving parents and many
of her own colleagues who fear she is
only making things worse. In time, even
her friendship with Glory will be tested,
her already difficult connection with her
father, a lifelong miner, will be pushed to
its limit and elements of her personal life
exposed to scrutiny.
miners want is women competing for
scarce jobs – women who, in their
estimation, have no business driving
trucks and hauling rock anyway. If these
newcomers want to work the mines they’
ll have to do it on the terms set by the
veteran workforce and it won’t be easy.
Take it or leave it.
When Josey speaks out against the
treatment she and her fellow workers
face she is met with resistance – not only
from those in power but from a
community that doesn’t want to hear the
truth, her disapproving parents and many
of her own colleagues who fear she is
only making things worse. In time, even
her friendship with Glory will be tested,
her already difficult connection with her
father, a lifelong miner, will be pushed to
its limit and elements of her personal life
exposed to scrutiny.
The fallout from Josey’s battle to make a better future for herself and her children will
affect every aspect of her life, including her relationship with her young daughter and
her sensitive teenage son, who must first cope with the embarrassment of his mother’
s sudden notoriety and then face harsh details of her past she was hoping he would
never have to know.
Through these struggles Josey will find the courage to stand up for what she believes
in – even if that means standing alone.
Inspired by a true story, North Country follows Josey's journey on a road that will take
her farther than she ever imagined, ultimately inspiring countless others, and leading
to the nation’s first-ever class action lawsuit for sexual harassment.
affect every aspect of her life, including her relationship with her young daughter and
her sensitive teenage son, who must first cope with the embarrassment of his mother’
s sudden notoriety and then face harsh details of her past she was hoping he would
never have to know.
Through these struggles Josey will find the courage to stand up for what she believes
in – even if that means standing alone.
Inspired by a true story, North Country follows Josey's journey on a road that will take
her farther than she ever imagined, ultimately inspiring countless others, and leading
to the nation’s first-ever class action lawsuit for sexual harassment.
“The emotional
harm brought
about by this
record of human
indecency, sought
to destroy the
human psyche as
well as the human
spirit....The
humiliation and
degradation
suffered by these
women is
irreparable.”
--Judge Donald
Lay, Eighth Circuit
Court of Appeals
Report
harm brought
about by this
record of human
indecency, sought
to destroy the
human psyche as
well as the human
spirit....The
humiliation and
degradation
suffered by these
women is
irreparable.”
--Judge Donald
Lay, Eighth Circuit
Court of Appeals
Report
Except for the links to Amazon.com, all pictures are the property of Warner Brothers Pictures and are used with permission. |
"Some of the men
would call the
women obscene
names; they
grabbed the
women and
threatened them.
When a woman
used a portable
toilet, someone
knocked it over.
Once a supervisor
and another
worker drove two
women to a
remote part of the
plant and
demanded sex....a
man broke into
one woman's
locker and
(ejaculated on) her
clothing."
--Stephanie
Hemphill, Movie
stirs memories on
Iron Range
would call the
women obscene
names; they
grabbed the
women and
threatened them.
When a woman
used a portable
toilet, someone
knocked it over.
Once a supervisor
and another
worker drove two
women to a
remote part of the
plant and
demanded sex....a
man broke into
one woman's
locker and
(ejaculated on) her
clothing."
--Stephanie
Hemphill, Movie
stirs memories on
Iron Range
"...litigation could
have been
avoided-saving
Eveleth Mines
millions of dollars
in legal fees and
settlement payout
not to mention
years of bad
publicity-if Eveleth
had been
responsive to the
women's
complaints and
taken corrective
measures to
rectify the
situation and
protect it's
employees."
--Elise Deal, Class
Action: What
happens when
employers refuse
to remedy sexual
harassmment
have been
avoided-saving
Eveleth Mines
millions of dollars
in legal fees and
settlement payout
not to mention
years of bad
publicity-if Eveleth
had been
responsive to the
women's
complaints and
taken corrective
measures to
rectify the
situation and
protect it's
employees."
--Elise Deal, Class
Action: What
happens when
employers refuse
to remedy sexual
harassmment
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Devastated by the abuse, Lois eventually found the courage to file a formal grievance
against the company. In 1984, she mailed a complaint to the Minnesota Human Rights
Department detailing the abuse she experienced in the mines. (Soon after, her car
tires were slashed in retaliation.) After reviewing the case, the state requested that
Eveleth pay $11,000 in damages to Jenson, but the company refused. It would take
Lois another 14 years, and most of her mental and physical health, to battle Eveleth.
Jenson called more than 50 lawyers before her case was accepted by an experienced
employment discrimination lawyer named Paul Sprenger. In 1988, Sprenger filed in
district court. Three years later, the case became the first sexual harassment lawsuit
in history to be given class action status. Two other women had joined the case;
however, frightened by the possibility of retaliation, other women who worked in the
mines circulated a petition speaking out against the lawsuit. The petition stated the
women never experienced sexual harassment, even though all of them had. (The
women also placed a hangman's noose above Lois' workplace, and shunned her both
at work and in the community.)
A liability trial began in December 1992 in St. Paul, Minnesota. Six months later, the
judge ruled that the company should have prevented and stopped the misconduct. He
ordered Eveleth to educate all employees about sexual harassment, and implement a
sexual harassment policy. More women joined the lawsuit to claim damages,
including a number who had signed the petition against the lawsuit and had testified
on behalf of Eveleth Mines in the first trial.
About this time, Lois and another plaintiff in the case were diagnosed with
post-traumatic stress disorder, and had to stop working at the mine.
against the company. In 1984, she mailed a complaint to the Minnesota Human Rights
Department detailing the abuse she experienced in the mines. (Soon after, her car
tires were slashed in retaliation.) After reviewing the case, the state requested that
Eveleth pay $11,000 in damages to Jenson, but the company refused. It would take
Lois another 14 years, and most of her mental and physical health, to battle Eveleth.
Jenson called more than 50 lawyers before her case was accepted by an experienced
employment discrimination lawyer named Paul Sprenger. In 1988, Sprenger filed in
district court. Three years later, the case became the first sexual harassment lawsuit
in history to be given class action status. Two other women had joined the case;
however, frightened by the possibility of retaliation, other women who worked in the
mines circulated a petition speaking out against the lawsuit. The petition stated the
women never experienced sexual harassment, even though all of them had. (The
women also placed a hangman's noose above Lois' workplace, and shunned her both
at work and in the community.)
A liability trial began in December 1992 in St. Paul, Minnesota. Six months later, the
judge ruled that the company should have prevented and stopped the misconduct. He
ordered Eveleth to educate all employees about sexual harassment, and implement a
sexual harassment policy. More women joined the lawsuit to claim damages,
including a number who had signed the petition against the lawsuit and had testified
on behalf of Eveleth Mines in the first trial.
About this time, Lois and another plaintiff in the case were diagnosed with
post-traumatic stress disorder, and had to stop working at the mine.
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Jenson v.
Eveleth Mines
and North
County
Eveleth Mines
and North
County