[B]ENNINGTON — A former associate of a Manchester-based property rental business is suing the business and its owner, Brian Foerster, for sexual harassment and discrimination.
In the suit, which was filed in January in Bennington Superior Civil Court, Lauren Speath, 36, accused Foerster of “repeated verbal as well as physical acts, statements and innuendo” that constituted “a pattern of unwelcomed sexual overtones and harassment” over several months in 2017.
Speath is seeking damages, including punitive damages, as well as attorney fees, costs and other relief, from both Foerster and the business, Maple Leaf Rentals Inc., which Foerster owns with his wife, Barbara Foerster, who is president of the business.
In a response filed earlier this month, Foerster accused Speath in turn of encouraging a close but platonic relationship with him “in an effort to insinuate herself into the business.” Foerster is also claiming that because Speath was a contract worker, and not an employee of the business, she has no standing to sue under Vermont’s Fair Employment Practices Act..
Maple Leaf Rentals, which Speath’s attorney, D. Patrick Winburn, of Manchester, stressed is not connected to Maple Leaf Realty in Bennington, handles seasonal and other property rentals in the Northshire area.
Speath’s suit describes a continuing pattern of unwanted advances by Foerster, who is described in the suit as “in his 60s,” including repeatedly telling her that he loved her, asking her to marry him, attempting to kiss her, and flaunting his financial success in an “attempt to attract plaintiff, Lauren Speath, into having a romantic relationship with him.”
In addition, the suit says, he invited her on overnight trips to New York City and elsewhere; he “spied on her;” he attempted to “get her to break up with her boyfriend;” and “attempted to get her alone with him under the pretext of inviting her to view rental properties.”
According to the suit, Speath “complained multiple times” in hopes of addressing “the harmful, harassing, embarrassing, and emotionally distressing conduct but to no avail.”
Speath “rebuffed and attempted to avoid defendant Brian Foerster’s comments and actions,” the suit claims, while “making efforts to preserve her job and business relationship with the defendants all the while defendant Brian Foerster was using his position, influences and economic leverage over plaintiff in an attempt to have sexual relations with her and/or to be his romantic partner.”
As a result, the suit charges, Speath suffered “humiliation, embarrassment, loss of her job, insecurity, loss of self-image, loss of enjoyment of life, feelings of powerlessness and inferiority, mental anguish and loss of income in the past and future.”
Foerster’s response says Speath “encouraged and engaged in a mutual, non-physical intimate relationship with defendant Brian Foerster in an effort to insinuate herself into the business of Maple Leaf Rentals and to further her career,” and on many occasions, “she advised Brian Foerster that she loved him, kissed him and hugged him, all in an effort to draw closer to him.”
Foerster and Speath met in June 2017, according to court filings. After meetings and discussions, Foerster said, “it was agreed that Ms. Speath would engage in rental agent services as an independent contractor to Maple Leaf Rentals.”
Foerster said Speath worked on a commission basis, set her own hours, never worked out of the Maple Leaf Rentals office at his home and had her own cellphone.
In his response, Foerster said the “termination of plaintiff’s independent contractor agreement was occasioned by her demonstrated lack of business skills, focus, motivation, skills, drive and internal resources necessary to succeed in the property rental business.”
Foerster’s attorney, Joel Iannuzzi, of Rutland, has said that Fair Employment Practices Act protections do not apply because Speath was a contract worker, not an employee, and that the claim should be dismissed.
“We believe that the court will grant our pending motion for summary judgment and dismiss this meritless lawsuit,” Iannuzzi said in an email.
Winburn, Speath’s attorney, has said in turn that he believes the suit meets the Vermont statutory requirements concerning harassment, which he said are well established dating to the 1970s.
Winburn filed a motion for a protective order from the court earlier this month, to prevent Foerster from attempting to contact Speath directly or through others.
The motion contends that Foerster “has continued direct and indirect contact with the plaintiff by emailing and/or texting her and/or her friends in an effort to rekindle his contact with her.”
