Court Orders Release of H-P Sexual Harassment Allegations

The Delaware Supreme Court ruled on December 28, 2011, that a letter sent to Mark Hurd, former chief executive officer of Hewlett-Packard Co. (“H-P”), by counsel for a former employee accusing Mr. Hurd of sexual harassment, should be made public.  The Wall Street Journal reported that Jodie Fisher, a former actress hired by Mr. Hurd’s office to work at some H-P events, accused Mr. Hurd of a “relentless attempt to cajole [Fisher] into having sex” with him.

The letter detailed numerous allegations of sexual harassment on the part of Mr. Hurd.  Most of the allegations involved Mr. Hurd and Fisher attending the same H-P event, followed by Fisher’s supervisor requesting that she accompany Mr. Hurd to dinner, followed by Mr. Hurd either following Fisher back to her hotel room or insisting that she accompany him back to his room.  Once there, Hurd allegedly attempted to grope and kiss Ms. Fisher, sexually propositioned her, and offered her vacations or money.  In one instance, according to the letter that was made public, Mr. Hurd professed that he could spend the rest of his life with her.  Ms. Fisher resisted all of these unwelcomed sexual advances.  Ms. Fisher’s attorney wrote to Mr. Hurd that it was clear “you had designs to make [Fisher] your lover from the onset using your status and authority as CEO of HP and HP monies expecting her to be with you.”

H-P’s board of directors investigated Ms. Fisher’s claims, ultimately concluding that while Mr. Hurd had “run afoul of the company’s code of conduct,” he had not violated the company’s sexual harassment policy.  Nevertheless, before his resignation in August 2010, Mr. Hurd reached a private settlement with Ms. Fisher in the matter.

Debra S. Katz, a partner at the employment law firm of Katz, Marshall & Banks, which specializes in sexual harassment law, said that the case serves as an important reminder that even very powerful individuals can still be held accountable when they step over the line.  “If Ms. Fisher’s allegations were true, she was placed in a deplorable situation at H-P,” said Ms. Katz.  “It is encouraging to know that she did receive a settlement for her claims, and that the letter detailing Mr. Hurd’s alleged conduct was made available for the public.”