[M]ANCHESTER — A discrimination and sexual harassment suit filed against the owner of a Northshire real estate rental business has been settled following mediation.
A former associate of Manchester-based Maple Leaf Rentals Inc., Lauren Speath, had filed the complaint in Bennington Superior Court Civil Division against the business and its owner, Brian Foerster.
Lauren Speath, 36, described incidents and comments by Foerster over several months in 2017, which she alleged constituted “a pattern of unwelcome sexual overtones and harassment” and sex discrimination.
The suit was filed in January by her attorney, D. Patrick Winburn of Bennington. Attorneys for both parties said last week that a confidentiality agreement was part of the settlement, and they declined comment.
Foerster was represented by Joel Iannuzzi, of Cleary, Shahi & Aicher of Rutland.
Foerster, in his 60s, denied the harassment allegations, and contended that Speath was a contract worker, not an employee of the business, and that Vermont’s Fair Employment Practices Act anti-discrimination protections for employees did not apply.
According to the complaint, Foerster engaged in “threats, intimidation and harassing behavior, including but not limited to comments,” and had refused to pay money owed to Speath.
The harassment included “repeated verbal as well as physical acts, statements and innuendo by defendant Brian Foerster,” the suit alleged.
The suit alleged Speath “rebuffed and attempted to avoid defendant Brian Foerster’s comments and actions,” 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.”
The suit described incidents approximately from August through December 2017, and contended that Speath “complained multiple times.”
Speath alleged she 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.”
Allegations denied
In a response, Foerster contended that Speath “fails to state a cause of action insomuch as at all times hereinafter mentioned, plaintiff was an independent contractor.”
His response to the suit also claimed that 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.”
Foerster also claimed that “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 stated that he met Speath in June 2017 and that she had some experience in the real estate business and was interested in furthering her career. He said that after meetings and discussions, “it was agreed that Ms. Speath would engage in rental agent services as an independent contractor to Maple Leaf Rentals.”
He 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 cell phone.
