Decision is first in Texas holding an individual company owner personally liable under 2021 sexual harassment law
DALLAS–(BUSINESS WIRE)–In a landmark decision, a Dallas County Court at Law has ordered Robert “Bob” Lovell, the longtime owner and president of Home Marketing Services Inc. (HMS), to pay $5,740,095 in damages, fees, and interest after finding he repeatedly sexually harassed, sexually assaulted, and maliciously retaliated against a female employee he supervised.
According to ALM’s VerdictSearch, the ruling is the third largest sexual harassment judgment ever in Texas for a single plaintiff.
The judgment follows a six-day bench trial in which the court found extensive evidence of ongoing sexual demands, coercion, retaliation, and emotional and physical harm suffered by the plaintiff, identified in the lawsuit as Jane Doe.
The ruling is also particularly significant because it is the first time an individual Texas business owner or employee has been held personally liable under a new law Gov. Greg Abbott signed in 2021, which expanded liability to owners, supervisors, and fellow employees, making them personally liable for sexual harassment.
“Texas law now holds employees personally accountable when they sexually harass a fellow employee,” said attorney Rogge Dunn, founder of the Rogge Dunn Group. “This judgment sends a message: Executives and employees who sexually harass employees and then retaliate when those employees stand up for themselves will face significant consequences. It’s also noteworthy that victims can sue under the name ‘Jane Doe’ or ‘John Doe’ to protect their identity and privacy.”
A video of Mr. Dunn commenting on the judgment is available here.
“No employee should have to endure the abuse I suffered from a man in a powerful position. I’m pleased that Texas law now provides additional protection to women in the workplace,” Jane Doe said.
According to the court’s findings of fact, Lovell, who controlled all aspects of HMS, pressured his employee Jane Doe for sexual acts as a condition of her job, used code words to demand oral sex inside the workplace and retaliated when she tried to end the abuse. The court found that Lovell controlled access to the company’s most valuable sales leads and withheld them when the plaintiff declined his demands.
The court also found that Lovell knowingly exposed the plaintiff to bodily fluids during sexual acts without her knowledge or consent, which the court ruled constituted sexual assault.
Lovell is well-known in the Dallas area for promoting his real estate company with ads featuring the tagline “Bless your heart.”
The case is Jane Doe v. Robert Lovell, in County Court at Law No. 3, Dallas County, Texas, Cause No. CC-21-05230-C.
Rogge Dunn Group has built a well-deserved reputation for aggressive litigation, outstanding results and attentive client service. Mr. Dunn has won more than $2 billion in net settlements and verdicts for his clients. In 2020, The National Law Journal awarded the Rogge Dunn Group the Elite Trial Lawyers Law Firm of the Year award for Gender Discrimination.
Rogge Dunn Group is well known for successfully trying high-profile business, financial and employment disputes. Based in Dallas, the firm tries cases in state and federal courts in Texas and throughout the United States. Learn more about the firm at www.roggedunngroup.com.
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