Was Louis Lehot Charged with Sexual Harassment?
No matter how many times I have delivered keynote presentations or moderated seminars about sexual harassment and sexual abuse to those in the legal profession, I am never surprised when I hear: “I’m a lawyer, I don’t need to know about ethics and sexual harassment.”
In truth, knowing the law isn’t the same as following the law, especially when it comes to sexual harassment.
DLA Piper
DLA Piper is a law firm in the Silicon Valley area of California. In 2018, lawyer Vanina Guerrero was hired by co-managing partner and lawyer Louis Lehot to be a junior partner in the firm. In about 18 months’ time, Guerrero has filed a sexual assault claim with the EEOC.
The letter alleges that Lehot “forced himself” on her and has had a pattern of inappropriate behavior toward her; so much so, the law firm has wanted her to discuss the pattern of sexual abuse in secret. I should add the assaults are alleged to have occurred multiple times.
Guerrero has resisted confidential proceeding. In the EEOC complaint she wrote:
“No female working at DLA Piper, whether she works as an administrative assistant, paralegal, departmental staff employee, associate lawyer, contract lawyer, of counsel lawyer, contract partner or equity partner should be forced to litigate claims involving sexual assault and battery or sexual harassment by male lawyers in secret.”
In a follow-up to the first letter, on October 1, 2019 Guerrero said:
“It was Lehot’s promises that persuaded her to uproot her husband and two toddlers from their home in Hong Kong and move to Palo Alto, California, to take the job with DLA Piper…to make her part of his four-partner nucleus…”
The pattern of sexual abuse apparently started on their first business trip where he allegedly forced himself on her in his hotel room forcing her to flee. It would be a continuing pattern of at least three other sexual assaults along with numerous “sexually-charged statements” he made to her in private.
She was foolhardy enough to believe his apologies every time a sexual assault was attempted even though she clearly told him she would not engage in a sexual relationship with him.
His response to her rebuff was to bully her, undermine her work and to freeze her out of company business dealings. The firm responded to her charges by telling her to “talk it out” with Lehot in private rather than to treat it as a legitimate case of sexual abuse.
Even after Guerrero retained counsel, Lehot allegedly continued to maintain a pattern of retaliation. In addition, Guerrero claims “the firm has contrived alleged information about her own ‘inappropriate’ behavior and initiated a full investigation through outside counsel.”
The alleged assaults are not only being denied by the person being accused (Lehot), but the firm is ramping up efforts to discredit her.
The case of lawyer versus lawyer is about to be litigated out in the open.
Who Teaches Whom?
The supposition is that lawyers, above all other professions, should be the most aware individuals in matters of sexual harassment and sexual assault. Unfortunately, it is not always the case. There is often a familiar pattern of “Do as I say, not as I do.” Or, as I like to put it, a confusion between ethical behavior and the mumbo-jumbo of justification and rationalization.
In this situation, even if Lehot somehow rationalized his sexually abusive behavior the first time he inappropriately came on to her – and apologized, what made him think he could force himself on her two more times? Beyond that, what made him believe his constant barrage of sexual innuendos and acts of retaliation were acceptable behaviors as well?
The answer is rather clear: there was no rationalization he could offer. He was not being ethical and chances are he was not aware of the damage he was causing.
As Guerrero’s boss, he possibly figured that in the quiet, in the shadows, she would not be in a position to reject his advances. There was no oversite and no one to tell him he was inappropriate. It would not be until he started groping her and she ran from the room that he may have concluded she did not want a sexual encounter. He was clueless, abusive but more than that extremely unethical.
If the ethics of proper behavior are not introduced – and reinforced, “powerful” men such as Lehot become serial predators. Ethically, it was not a matter of Guerrero leaving the company but why men like Lehot are hired.
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