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Rape on the Night Shift - Documentary · The Evolution of Evil - True Crime Stories

• 0:05
  Speaker 1: Tonight me too movement. It is gross.
• 0:07
  Speaker 2: A number of sexual assault and harassment survivors are sharing
• 0:10
  Speaker 2: their sexual harassment problem On Capitol we.
• 0:12
  Speaker 3: Have breaking news involving a major media figure.
• 0:15
  Speaker 4: Amid allegations of high profile sexual abuse. The investigation from
• 0:21
  Speaker 4: Frontline and a team of journalists of the immigrant women
• 0:24
  Speaker 4: who come to clean When you go home for.
• 0:26
  Speaker 5: The night, he closed the door, he say to me.
• 0:29
  Speaker 6: Nobody will know about this, Nobody will believe you.
• 0:32
  Speaker 4: Years before the current headlines, we.
• 0:34
  Speaker 7: Started seeing a more physical, aggressive harassment women being raped.
• 0:39
  Speaker 4: These women were some of the first to stand up
• 0:42
  Speaker 4: and say no more.
• 0:44
  Speaker 8: They said, yeah us, no more enough, Sina.
• 0:49
  Speaker 9: Things are changing now and luckily there are a lot
• 0:51
  Speaker 9: of women coming forward. And so if we don't take
• 0:53
  Speaker 9: this moment and use it to protect the most vulnerable
• 0:56
  Speaker 9: workers among us, then we're letting a moment pass upline rape.
• 1:01
  Speaker 10: On the night shift, at the end of the day,
• 1:34
  Speaker 10: when most of the world goes home, a nearly invisible
• 1:38
  Speaker 10: workforce clocks in. Millions of janitors clean malls, banks, big
• 1:47
  Speaker 10: box stores, the office where you work. Many janitors are
• 2:01
  Speaker 10: women who work at night in empty buildings, in isolation,
• 2:06
  Speaker 10: and that can put them in danger.
• 2:10
  Speaker 11: Can we get a ton marias goso same yeaaa the
• 2:28
  Speaker 11: presentava levansu javis ja tal piso vers piso or versus those.
• 2:41
  Speaker 10: Maria behoric haz cleaned offices in San Francisco's iconic Ferry building.
• 2:47
  Speaker 11: See report Supervisor Primake, the Tvira Confienza primer poc h
• 3:00
  Speaker 11: conal lagos this boss, Julia came, I not gonna career,
• 3:23
  Speaker 11: Judy momentar p Yeah, and the Camedinos come God, come on,
• 3:35
  Speaker 11: come one hounds rapid as rapid as lark.
• 3:51
  Speaker 3: Yeah.
• 3:53
  Speaker 11: Force the home boy.
• 3:55
  Speaker 12: Your don't know, penamon Enes.
• 4:08
  Speaker 10: What happened to Maria Bohorticez is not an isolated incident.
• 4:12
  Speaker 10: According to the Department of Justice, there are more than
• 4:15
  Speaker 10: seventeen thousand sexual assaults at work every year. We began
• 4:22
  Speaker 10: investigating this in twenty twelve and found it was rampant
• 4:26
  Speaker 10: among women farm workers, who are often undocumented and isolated.
• 4:32
  Speaker 10: We since discovered a similar pattern of violent sexual abuse
• 4:36
  Speaker 10: against women janitors who worked the night shift. We have
• 4:42
  Speaker 10: uncovered cases of sexual assault and rape at companies large
• 4:46
  Speaker 10: and small, and in the darkest corners of this industry.
• 4:50
  Speaker 10: Janitors who were sexually assaulted and even held captive by
• 4:54
  Speaker 10: their bosses.
• 4:57
  Speaker 7: These women work every day to feed their family and
• 5:01
  Speaker 7: try to do the best they can with dignity, and
• 5:05
  Speaker 7: it's really up to the company to protect them.
• 5:08
  Speaker 10: Anna Park is the lead attorney in Los Angeles for
• 5:11
  Speaker 10: the Equal Employment Opportunity Commission, the federal agency that enforces
• 5:16
  Speaker 10: sexual harassment laws in the workplace. The EEOC cannot bring
• 5:21
  Speaker 10: criminal charges against alleged perpetrators, but it can sue a
• 5:25
  Speaker 10: perpetrator's employer.
• 5:28
  Speaker 7: The common theme is employers not taking these complaints seriously.
• 5:33
  Speaker 7: We started seeing over time more physical, aggressive harassment, women
• 5:39
  Speaker 7: being raped, subject to sexual battery.
• 5:45
  Speaker 10: We looked into the largest janitorial employer in the United States, ABM,
• 5:50
  Speaker 10: a multi billion dollar company whose clients include airports, office buildings,
• 5:55
  Speaker 10: and the Pentagon. ABM says it has one of the
• 6:00
  Speaker 10: sophisticated worker protection programs in the industry, but we found
• 6:04
  Speaker 10: more than forty sexual harassment lawsuits against ABM over the
• 6:08
  Speaker 10: past two decades. In fact, ABM is one of the
• 6:12
  Speaker 10: few companies to have been sued by the EEOC multiple
• 6:16
  Speaker 10: times for sexual harassment. Anna Park was in charge of
• 6:21
  Speaker 10: the biggest EEOC sexual harassment case against ABM.
• 6:26
  Speaker 7: When the EOC brought a class case against ABM Industries,
• 6:30
  Speaker 7: I felt exemplify one of the worst handlings by a
• 6:33
  Speaker 7: company of complaints of harassment.
• 6:36
  Speaker 10: You know, it's the largest janitorial company of its kind
• 6:40
  Speaker 10: in the nation.
• 6:40
  Speaker 7: Yes, and I think that's what shocked us the most,
• 6:43
  Speaker 7: being as large as they were. The lack of action,
• 6:50
  Speaker 7: lack of attention, lack of a sense of responsibility. And
• 6:55
  Speaker 7: in this case, they did none of that. None, they
• 6:58
  Speaker 7: did none of that.
• 7:01
  Speaker 10: The case began nearly a decade ago deep in California's
• 7:05
  Speaker 10: Central Valley. Maria Magana, one of the claimants in the case,
• 7:11
  Speaker 10: had not publicly talked about what happened to her until now.
• 7:18
  Speaker 13: Travajo is la confianz supervisoria, sabian joan persona and tro
• 7:43
  Speaker 13: empisavlado in impis mar.
• 7:53
  Speaker 1: Good more than mister Basquez.
• 7:55
  Speaker 10: Jose Basquez was a supervisor for a b M.
• 7:59
  Speaker 1: Did you supervise Mariamagana?
• 8:01
  Speaker 10: Yes?
• 8:03
  Speaker 14: Is it fair to say that there were work sites
• 8:04
  Speaker 14: where Mariamagana was the only gendreor cleaning up the site.
• 8:13
  Speaker 13: Puso Sola and umbancotrieno arme theme and the I Maria
• 8:33
  Speaker 13: masson a caricatino and says Joe, Lady vaque, look at
• 8:47
  Speaker 13: Gusta bravas lavent selo.
• 9:00
  Speaker 15: Into conta fasoke el.
• 9:10
  Speaker 14: Did you have sex with Maria mcgania against her will
• 9:12
  Speaker 14: at the ab M work site?
• 9:14
  Speaker 1: No?
• 9:17
  Speaker 10: Did you rate Mariamagania at the ABM work site?
• 9:20
  Speaker 1: No?
• 9:26
  Speaker 13: Nail el caso j acuador su vista comovi sieno jogane.
• 9:46
  Speaker 10: Mcgaanya never reported the assault to the company or the police,
• 9:51
  Speaker 10: and so Vasquez was able to continue supervising women at
• 9:54
  Speaker 10: ABM sites all over Bakersfield. Several months later, ABM received
• 10:02
  Speaker 10: anonymous letters pleading for help and alleging that Vasquez had
• 10:06
  Speaker 10: been in jail for sexual harassment.
• 10:10
  Speaker 7: They received anonymous complaints putting them on notice of this
• 10:13
  Speaker 7: sexual predator. They did nothing.
• 10:17
  Speaker 10: Had they checked, ABM would have learned that Vosquez was
• 10:20
  Speaker 10: a registered sex offender who had served prison time for
• 10:24
  Speaker 10: raping a teenage girl. In fact, ABM never did a
• 10:29
  Speaker 10: background check when they hired Vasquez.
• 10:34
  Speaker 14: Is this your application when you first supplied for a
• 10:36
  Speaker 14: job at ABM. Yes, It asks have you ever been
• 10:40
  Speaker 14: convicted of a crime and that's blank? Did you leave
• 10:43
  Speaker 14: that blank?
• 10:44
  Speaker 10: Yes?
• 10:46
  Speaker 14: Where it says, if yes, please explain did you leave
• 10:49
  Speaker 14: that blank?
• 10:50
  Speaker 10: Yes?
• 10:52
  Speaker 14: Why is the application not fully filled out?
• 10:59
  Speaker 10: Because at the job. Vasquez had been working for a
• 11:04
  Speaker 10: b M for nearly a year when those anonymous letters
• 11:07
  Speaker 10: started to arrive, alleging he had assaulted other janitors, including
• 11:12
  Speaker 10: a woman named Erica.
• 11:19
  Speaker 16: Maland Joe Stars Ye naamas, Lisa kase a key, I
• 11:34
  Speaker 16: mean supers and he said, no, we never did.
• 11:46
  Speaker 15: Tea simply another masque fantas my.
• 12:00
  Speaker 1: M HM.
• 12:05
  Speaker 15: As the person that that was no second medicand no,
• 12:16
  Speaker 15: I can your command as nod then meant the Louise,
• 12:28
  Speaker 15: what does the way you can mark Brook.
• 12:34
  Speaker 17: To a.
• 12:36
  Speaker 15: Cop look maybe looking at the rank, said love and.
• 13:03
  Speaker 16: Fulest that super resourted tale.
• 13:10
  Speaker 15: Is ferque. You know what are you doing?
• 13:17
  Speaker 10: You know what is happening?
• 13:19
  Speaker 15: He may say, I don't know what you're talking about. Yes,
• 13:21
  Speaker 15: you know what I'm talking about.
• 13:35
  Speaker 10: Morales never went to the police to complain about Fasquez,
• 13:38
  Speaker 10: but she would become the lead plaintiff in that eeo
• 13:41
  Speaker 10: C class action lawsuit with twenty other women. They alleged
• 13:46
  Speaker 10: the company did not protect them from sexual harassment, assault,
• 13:50
  Speaker 10: and rape by Vasquez and more. Than a dozen other
• 13:54
  Speaker 10: men working for a b M.
• 13:57
  Speaker 7: That's a huge number about actors, which really pointed to
• 14:02
  Speaker 7: the systematic problem that we saw and the failure of
• 14:06
  Speaker 7: the company to really hold their managers and employees accountable
• 14:11
  Speaker 7: that harassment is not tolerant in the workplace. That message
• 14:14
  Speaker 7: did not come through.
• 14:16
  Speaker 10: Once ABM learned of the rape conviction, Bosquez quit. We
• 14:21
  Speaker 10: looked for Vasquez at the address listed on the state's
• 14:24
  Speaker 10: sex offender registry, but he had moved. When we tracked
• 14:29
  Speaker 10: him down, he declined to talk to us on camera.
• 14:33
  Speaker 18: Didn't tell your response for travace the allegations.
• 14:36
  Speaker 10: Bosquez was never charged for the alleged assaults. Off camera,
• 14:42
  Speaker 10: he told us that the women were in it for
• 14:44
  Speaker 10: the money. The ABM case was resolved in twenty ten,
• 14:50
  Speaker 10: with the company agreeing to pay five point eight million dollars,
• 14:54
  Speaker 10: one of the largest sexual harassment settlements in EEOC history.
• 15:00
  Speaker 10: While the company did not admit any wrongdoing, it agreed
• 15:03
  Speaker 10: to strengthen its procedures for the handling of sexual harassment complaints.
• 15:10
  Speaker 10: But less than a month later, the EEOC sued ABM again.
• 15:16
  Speaker 7: We have seen this time and time again, where there
• 15:19
  Speaker 7: are certain complaints received by certain segments of their workforce.
• 15:23
  Speaker 10: Just doesn't matter. It's not that important.
• 15:26
  Speaker 7: It is a cost of doing business.
• 15:29
  Speaker 10: Henrik Slipsager is seen here in the New York Stock Exchange,
• 15:33
  Speaker 10: was CEO of ABM at the time of the Central
• 15:36
  Speaker 10: Valley class action suit.
• 15:39
  Speaker 15: You're very good with the vacuum cleaner, that's for sure.
• 15:42
  Speaker 10: I don't tell my why those Slipsager would not speak
• 15:45
  Speaker 10: to us. He did participate in this CBS program Undercover Boss,
• 15:51
  Speaker 10: where he posed as a janitor in his own.
• 15:53
  Speaker 15: Company, We're going down, Take Me thirty seven.
• 15:56
  Speaker 10: And he got some advice.
• 15:57
  Speaker 6: What the ABM could do better is that men wear pants,
• 16:01
  Speaker 6: because if I have to run around, then doov I
• 16:03
  Speaker 6: got to make sure somebody else doesn't see my behind
• 16:05
  Speaker 6: here or something like that, you know, like as I'm
• 16:06
  Speaker 6: bidding over.
• 16:09
  Speaker 19: ABM is committed to fostering a professional and safe work
• 16:12
  Speaker 19: environment for all of our employees.
• 16:15
  Speaker 10: We spent over a year asking ABM for an on
• 16:18
  Speaker 10: camera interview, but they declined. Instead, they sent us this
• 16:22
  Speaker 10: videotape statement. They also wrote us saying that cases we
• 16:26
  Speaker 10: looked at predate their current workplace policies, and they highlighted
• 16:30
  Speaker 10: their twenty four hour complaint hotline and harassment training for
• 16:34
  Speaker 10: all employees.
• 16:35
  Speaker 19: We believe that our policies and procedures are the gold
• 16:38
  Speaker 19: standard in the industry. Our systems work. In some cases,
• 16:42
  Speaker 19: we have been made aware of inappropriate behavior and taken action.
• 16:46
  Speaker 19: In other cases, allegations of wrongdoing have proven to be
• 16:49
  Speaker 19: false and even malicious. We understand.
• 16:52
  Speaker 10: We asked ABM to comment on specific cases.
• 16:55
  Speaker 19: They declined, however, it would not be appropriate for us
• 16:58
  Speaker 19: to discuss those claims outside of our legal filings.
• 17:02
  Speaker 10: Yes, but we found someone who had been inside ABM,
• 17:09
  Speaker 10: Mary Schultz, an attorney who once sued ABM for sex discrimination,
• 17:13
  Speaker 10: winning millions of dollars for her client. ABM then hired
• 17:18
  Speaker 10: her and she worked for the company as a consultant
• 17:20
  Speaker 10: for several years.
• 17:23
  Speaker 2: I found ABM to be a fascinating universe. This is
• 17:28
  Speaker 2: a company that has national reach, that accommodates, trains, pays,
• 17:34
  Speaker 2: provides benefits to ethnic groups from all over the world.
• 17:38
  Speaker 2: It's a fascinating social dynamic and organizational dynamic. And I
• 17:43
  Speaker 2: was intrigued by it, and I wanted to help.
• 17:45
  Speaker 10: You wanted to help because you perceived they had problems.
• 17:47
  Speaker 2: I wanted to help because I perceived everybody had problems
• 17:51
  Speaker 2: and that whole dynamic. The workers were having problems, a
• 17:55
  Speaker 2: company was having problems. You have a lot of really
• 17:59
  Speaker 2: good and you have some really bad people.
• 18:03
  Speaker 10: During the period that you were there, there was a
• 18:06
  Speaker 10: class action case from the EEOC pending in the Central
• 18:10
  Speaker 10: Valley of California, and the EEOC regional attorney who brought
• 18:15
  Speaker 10: the case, we said, this was one of the worst
• 18:18
  Speaker 10: handlings by a company of complaints of harassment that she'd
• 18:21
  Speaker 10: ever seen.
• 18:21
  Speaker 2: I read the report and what I saw in that,
• 18:24
  Speaker 2: if that was true, was an object failure by the
• 18:28
  Speaker 2: HR department to implement processes and procedures that were there.
• 18:35
  Speaker 10: When ABM was sued in another sexual harassment case, the
• 18:38
  Speaker 10: judge dismissed the suit in part because he found the
• 18:42
  Speaker 10: company had acted appropriately. So I want to show you something.
• 18:47
  Speaker 10: Mary Schultz deposed one of the alleged victims. Do you
• 18:50
  Speaker 10: remember Biriam Pacheco. We interviewed her.
• 18:56
  Speaker 1: Do I remember her?
• 18:57
  Speaker 10: You took her deposition, I taken myriads depositions.
• 19:06
  Speaker 5: Okay, German implemented nothing.
• 19:27
  Speaker 10: Yeah, there she's making serious allegations of rape. So then
• 19:43
  Speaker 10: assuming Miriam Pacheko is telling the truth about what happened her,
• 19:51
  Speaker 10: but the case gets dismissed. Where is there justice for her?
• 19:58
  Speaker 2: Because the case was dismissed again, it doesn't mean it
• 20:01
  Speaker 2: didn't happen. The report that she provided was of a rape.
• 20:07
  Speaker 2: Where's the criminal system that is a system that's designed
• 20:12
  Speaker 2: to address the kind of crime that she's reporting. What
• 20:16
  Speaker 2: the company sees is we've got an issue here. Maybe
• 20:21
  Speaker 2: this is credible, maybe it isn't. Maybe this happened, maybe
• 20:24
  Speaker 2: it didn't. Do companies just start opening the wallet and
• 20:28
  Speaker 2: paying out money to people who whose circumstances they believe.
• 20:33
  Speaker 2: I think that would be horribly risky. You would be
• 20:37
  Speaker 2: overwhelmed with trying to sort out the good from the bad.
• 20:42
  Speaker 10: And when ABM does not believe they did anything wrong,
• 20:47
  Speaker 10: they vigorously contested.
• 20:48
  Speaker 20: Don't believe that the court here can attribute.
• 20:51
  Speaker 10: Maria Borticez, the janitor who alleged she was raped in
• 20:54
  Speaker 10: San Francisco's Ferry Building, sued ABM for sexual harassment and retaliation,
• 21:00
  Speaker 10: and one a jury awarded her eight hundred thousand dollars
• 21:04
  Speaker 10: in twenty twelve. The alleged perpetrator denied the allegations, and
• 21:09
  Speaker 10: ABM appealed the verdict.
• 21:11
  Speaker 20: We made substantial efforts to impeach the credibility.
• 21:15
  Speaker 10: Of their lawyers argued their case in front of an
• 21:18
  Speaker 10: appellate court in twenty fifteen, and while the company disputed
• 21:23
  Speaker 10: Bihorkis's claims, their lawyers said they cannot always prevent abuses
• 21:27
  Speaker 10: before they happen.
• 21:28
  Speaker 20: ABM has tens of thousands of employees located across the
• 21:32
  Speaker 20: United States and internationally, many who work in remote locations
• 21:36
  Speaker 20: at night with minimal supervision. Bad things sometimes happen.
• 21:42
  Speaker 10: ABM would eventually settle the case.
• 21:53
  Speaker 3: Often the realities of the janitorial industry go undetected. Janitors
• 21:58
  Speaker 3: are essentially invisible because because they work at night, and
• 22:01
  Speaker 3: for enforcement people as well, there isn't an aggressive enforcement
• 22:05
  Speaker 3: program at night.
• 22:06
  Speaker 10: Lilia Garcia Brauer is an industry expert who monitors the
• 22:10
  Speaker 10: working conditions of janitors. I'm used to the janitor being
• 22:14
  Speaker 10: someone who is part of the company, or part of
• 22:16
  Speaker 10: the school district, or part of the mall part of
• 22:19
  Speaker 10: the company itself.
• 22:20
  Speaker 3: But that's changed right because of the economic realities. There's
• 22:25
  Speaker 3: a huge shift to contracting out services and the nature
• 22:29
  Speaker 3: of the industry, the structure of the industry makes it
• 22:32
  Speaker 3: that much harder for contractors to ensure that the workplace
• 22:37
  Speaker 3: is safe. Many companies look very good on paper, but
• 22:46
  Speaker 3: what matters is what's happening at the work site. Employers
• 22:52
  Speaker 3: need to make sure that their supervisors are following their
• 22:55
  Speaker 3: directives and that their employees know what to do if
• 22:59
  Speaker 3: they come into harm's way. If they can't afford to
• 23:02
  Speaker 3: do that, they shouldn't be in business.
• 23:08
  Speaker 10: ABM is by no means the only janitorial company that
• 23:12
  Speaker 10: has dealt with sexual harassment cases. We identified another employer
• 23:18
  Speaker 10: who says they have good policies and they were willing
• 23:22
  Speaker 10: to talk to us.
• 23:23
  Speaker 17: Anytime we get a complaint of sexual harassment, it's regarded
• 23:28
  Speaker 17: very seriously and then we do a prompt and thorough investigation.
• 23:33
  Speaker 10: Bill Staisco is the senior vice president of human Resources
• 23:37
  Speaker 10: at SMS, a janitorial company based in Nashville, Tennessee, with
• 23:42
  Speaker 10: contracts throughout the country.
• 23:45
  Speaker 17: We do a very good job, I believe of training
• 23:48
  Speaker 17: our supervisors and management on hereshment prevention.
• 23:51
  Speaker 10: Your policies call for any complaint to be investigated, right.
• 23:55
  Speaker 17: They do, and if we find that somebody has indeed
• 23:57
  Speaker 17: violated our policies, on then'll be subject to disciplinary reaction
• 24:01
  Speaker 17: up to including termination of their employment.
• 24:03
  Speaker 10: Have you ever been involved in trying to determine the
• 24:05
  Speaker 10: truth of any of these allegations.
• 24:07
  Speaker 17: Sure, that's what we're trying to accomplish during the investigation,
• 24:10
  Speaker 17: and that is to learn the truth. Sometimes we are
• 24:14
  Speaker 17: able to find out what the truth is. Other times
• 24:16
  Speaker 17: the truth is elusive.
• 24:24
  Speaker 10: Leticia Zuniga worked for SMS cleaning a mall in a
• 24:27
  Speaker 10: Minneapolis suburb. Her manager controlled her schedule and had the
• 24:33
  Speaker 10: power to hire and fire.
• 24:37
  Speaker 21: Guando harp is ill may this mevistes?
• 24:45
  Speaker 14: What was that?
• 24:46
  Speaker 22: There is monita huna is iantontes is guando all interest of.
• 25:08
  Speaker 21: Rolla porta is a paola loose another mast look a
• 25:14
  Speaker 21: la el monitor de la.
• 25:19
  Speaker 22: Ala. When they say to make uster mocho.
• 25:26
  Speaker 21: Mhm, tosa papular, but this is gretorio hallo in.
• 25:33
  Speaker 22: Miss pantalones for nevajo list inert.
• 25:38
  Speaker 21: Then through the part in it may be a rest
• 25:44
  Speaker 21: we forte evlaaho ra which is instasio.
• 25:52
  Speaker 22: Okay, that came.
• 25:55
  Speaker 5: So many.
• 25:57
  Speaker 22: It's nothing. Yeah, you and chat Tom clinics para Tom
• 26:18
  Speaker 22: is the.
• 26:20
  Speaker 21: SPOS not another your recip a me nasa. There see
• 26:35
  Speaker 21: you have lava. This is a madam Gracio.
• 26:40
  Speaker 22: K documentos y spos there so are your saltos your
• 26:51
  Speaker 22: company Traci.
• 26:54
  Speaker 21: Hsia American Certa yeah, MS boss missposal let and amos
• 27:08
  Speaker 21: maybe and sa in moond Okay, can you put up
• 27:13
  Speaker 21: bla pensava mucho maskaemy cecos but I want them to
• 27:24
  Speaker 21: just cause us cross. Yes, I wanted to do or
• 27:30
  Speaker 21: kill me.
• 27:30
  Speaker 23: So okay, okay, okay, you let me.
• 27:49
  Speaker 10: I'm with man.
• 27:52
  Speaker 18: Be come your name, Come on these days? Are that's
• 27:58
  Speaker 18: your seniors? Come on, I'm a person that coble being,
• 28:05
  Speaker 18: uh said local was he he posted your prom a
• 28:13
  Speaker 18: while ago? No, let see another you like cake Migo
• 28:27
  Speaker 18: not going to esposal. You did make a stand, he
• 28:35
  Speaker 18: said the Americo care Camarcus doubles Sanda he puss four
• 28:43
  Speaker 18: all go.
• 28:47
  Speaker 17: We do.
• 28:51
  Speaker 18: Priss but no the w so this suppose I'll go
• 28:57
  Speaker 18: for he yah myor menteven Indian persona okay, barconell your
• 29:11
  Speaker 18: film from Heysta mis posa Ejon.
• 29:20
  Speaker 14: You know.
• 29:23
  Speaker 23: Lunsulte es door.
• 29:41
  Speaker 4: Lover Thursday.
• 29:44
  Speaker 23: You know seven now yes two.
• 29:50
  Speaker 10: Zuniga left SMS without filing a complaint several months later,
• 29:56
  Speaker 10: she reported the incidents to the police and then filed
• 30:00
  Speaker 10: the lawsuit against SMS. When you became aware of the
• 30:09
  Speaker 10: Zuniga case, what was your reaction.
• 30:12
  Speaker 17: My reaction was astonishment. I mean, I found it hard
• 30:16
  Speaker 17: to believe. I'm so disappointed that a manager of ours
• 30:19
  Speaker 17: could ever commit such acts against one of our employees,
• 30:23
  Speaker 17: or on the other hand, that we could possibly have
• 30:25
  Speaker 17: an employee that make up a story about a manager
• 30:28
  Speaker 17: like that committing such acts if he didn't do them
• 30:31
  Speaker 17: right right, she alleged that she had been raped. What
• 30:38
  Speaker 17: mattered to us is finding out the truth about what happened.
• 30:40
  Speaker 10: So what did you do? How did you investigate?
• 30:42
  Speaker 17: We did the best we could under the circumstances. But
• 30:46
  Speaker 17: when we first learned of her situation, nearly three hundred
• 30:49
  Speaker 17: days had passed since the last time she alleged to
• 30:52
  Speaker 17: have been raped by the manager. So when you're thinking
• 30:55
  Speaker 17: of the terms and prompt and throw, this was a
• 30:58
  Speaker 17: very difficult investigation. We were able to talk to the
• 31:01
  Speaker 17: accused and he denied that those occurred.
• 31:06
  Speaker 1: Mister Gonzales, you remember that you're under oath I do.
• 31:09
  Speaker 10: As part of Zunigo's lawsuit, her manager, Marco Gonzalez was
• 31:13
  Speaker 10: questioned about her allegations in this videotape deposition.
• 31:16
  Speaker 24: Mister Gonzales, did you ever attempt to have sexual intercourse
• 31:20
  Speaker 24: with Missuniga?
• 31:21
  Speaker 12: No?
• 31:23
  Speaker 1: Did you ever touch Missuniga's vagina?
• 31:26
  Speaker 14: No?
• 31:27
  Speaker 1: Did Missuniga ever bleed in your office? No? Did Miss
• 31:32
  Speaker 1: Suniga ever say no, no, no to you. I want
• 31:38
  Speaker 1: respect in the course of a sexual interaction.
• 31:45
  Speaker 10: No, Gonzales told SMS. Did Zuniga's accusations were quote preposterous?
• 31:53
  Speaker 10: SMS instructed Gonzalez to gather written statements about Zuniga, but
• 32:00
  Speaker 10: Gonzales went a step further. He secretly recorded these interviews
• 32:04
  Speaker 10: with employees.
• 32:15
  Speaker 25: Marco Gonzalez had camera hidden in his office, and the women,
• 32:23
  Speaker 25: it seems like, have no idea that there is a
• 32:25
  Speaker 25: camera there.
• 32:32
  Speaker 1: If when people suppose.
• 32:41
  Speaker 25: He's fishing for any kind of bad behavior she might
• 32:46
  Speaker 25: have engaged in, and what he came up with was
• 32:49
  Speaker 25: just gossip basically about Letitia.
• 33:01
  Speaker 10: Yet there are instructions to Marco Gonzalez to gather statements
• 33:09
  Speaker 10: related to the claims that appear to be made against him.
• 33:14
  Speaker 10: Is that part of your investigation that.
• 33:16
  Speaker 17: Wouldn't be protocol as the accused to be involved in
• 33:21
  Speaker 17: the investigation.
• 33:22
  Speaker 10: Now, well, this is him conducting his investigation. He taped
• 33:26
  Speaker 10: it all, and he in a sense surveilled himself doing
• 33:31
  Speaker 10: the investigation. And you never learned that before.
• 33:36
  Speaker 17: I don't remember being told that.
• 33:38
  Speaker 10: I certainly have never seen that before.
• 33:40
  Speaker 17: I have a legal director and a staff employee relations
• 33:43
  Speaker 17: specialists that conduct the investigations that I don't get involved
• 33:46
  Speaker 17: in that.
• 33:47
  Speaker 10: Level Debutanic was in charge of the investigation for SMS.
• 33:52
  Speaker 12: In this email, you're asking mister Gonzales to gather witness statements.
• 33:57
  Speaker 1: Yes.
• 33:58
  Speaker 12: Does it seem strange to ask the harasser to go
• 34:01
  Speaker 12: gather evidence from his supervisors?
• 34:05
  Speaker 22: Yeah, that wouldn't make sense to me.
• 34:08
  Speaker 12: Do you know why you did that?
• 34:10
  Speaker 11: No?
• 34:10
  Speaker 1: I don't. I might have been instructed to. I don't know.
• 34:15
  Speaker 10: Well, Gonzalez was gathering evidence for SMS. He would change
• 34:19
  Speaker 10: his story multiple times.
• 34:21
  Speaker 24: He told the police that you and miss Suniga kissed, correct. Yes,
• 34:27
  Speaker 24: you stated that she took out your penis and masturbated you. Yes,
• 34:34
  Speaker 24: is what you said to the police. Not true, right, Yes,
• 34:40
  Speaker 24: so you felt the best thing to do was to
• 34:42
  Speaker 24: lie to the police when you spoke to them at
• 34:44
  Speaker 24: that time.
• 34:44
  Speaker 10: Yes, as part of the case, Suniga's lawyers were able
• 34:52
  Speaker 10: to track down his work computer and conduct a forensic analysis.
• 34:59
  Speaker 10: They discovered that his his Internet search history was filled
• 35:01
  Speaker 10: with violent pornography, including sites that appeared to specialize in rape.
• 35:12
  Speaker 6: He always was showing me pornography videos. I was feeling uncomfortable.
• 35:17
  Speaker 6: I'm like and he even shut the lights off and everything.
• 35:20
  Speaker 6: I said, Marco, why are you showing me this?
• 35:23
  Speaker 10: Carla Perez also worked for SMS. This is the first
• 35:27
  Speaker 10: time she says she has shared her full story.
• 35:30
  Speaker 6: One day, he said, Carla, come into the office. I
• 35:34
  Speaker 6: came to the office and he put his pants down,
• 35:38
  Speaker 6: and he takes things out, and he made me and
• 35:41
  Speaker 6: he made me put it in his mouth.
• 35:42
  Speaker 12: You know.
• 35:43
  Speaker 6: I put his stuff in my mouth, in my mouth, and.
• 36:05
  Speaker 10: And he closed the door.
• 36:09
  Speaker 6: And he said to me, nobody will know about this,
• 36:14
  Speaker 6: Nobody will believe you.
• 36:17
  Speaker 10: Perry is quick without finding a complaint with SMS. Eventually
• 36:21
  Speaker 10: she went to the police. Gonzalez denied the allegations. The
• 36:30
  Speaker 10: second woman went in and complained to the police, I'm
• 36:34
  Speaker 10: not aware of that. And what about a computer that
• 36:38
  Speaker 10: Marco Gonzalez had that showed that he was accessing rape poor.
• 36:42
  Speaker 17: Insights yeah, I don't remember hearing about that.
• 36:45
  Speaker 10: No one told you about it, not that I can recall.
• 36:47
  Speaker 10: And then you know that the manager changed his story
• 36:51
  Speaker 10: a number of times about what happened. I'm not aware
• 36:54
  Speaker 10: of that. You don't know that he told the police
• 36:56
  Speaker 10: two different stories. I don't remember ever hearing that. During
• 37:02
  Speaker 10: the lawsuit, SMS was ordered to produce internal sexual harassment complaints.
• 37:08
  Speaker 10: The records show a number of incomplete investigations and dozens
• 37:12
  Speaker 10: of accusations against other supervisors. Three years of records from
• 37:20
  Speaker 10: your internal complaint system showed that somewhere around thirty one
• 37:25
  Speaker 10: of those were made against supervisors that never got your attention. No,
• 37:32
  Speaker 10: you don't review these complaints. I don't have like a briefing.
• 37:35
  Speaker 17: Oh, I have briefings loll on the cases, but I
• 37:38
  Speaker 17: have staff specifically assigned to that.
• 37:42
  Speaker 10: The number don't appear to have any follow up investigation,
• 37:45
  Speaker 10: which would seem to violate your policy.
• 37:47
  Speaker 17: Again, every complaint or account of behavior that might be sexual,
• 37:54
  Speaker 17: Harrison would take very serious, and we want to do
• 37:56
  Speaker 17: a prompt and thorough investigation.
• 38:00
  Speaker 10: I hope there would be a file somewhere when they're.
• 38:01
  Speaker 17: There should be, Yes, it could be as simple as
• 38:04
  Speaker 17: do you remember investigating? Yes, I did.
• 38:05
  Speaker 10: Where the notes?
• 38:06
  Speaker 17: I don't know where the.
• 38:07
  Speaker 10: Notes say there may have been an investigation, but no,
• 38:09
  Speaker 10: there's no record of it. That's correct. Zuniga's lawsuit lasted
• 38:18
  Speaker 10: three years. The case was settled in twenty twelve. SMS
• 38:23
  Speaker 10: did not admit any wrongdoing. Marco Gonzales left SMS, but
• 38:32
  Speaker 10: his former boss would later recommend him for a regional position,
• 38:35
  Speaker 10: writing that quote, this guy would rock. In the end,
• 38:39
  Speaker 10: he was not rehired. Gonzales declined are repeated attempts to
• 38:44
  Speaker 10: speak with him on camera. As for the criminal investigation,
• 38:52
  Speaker 10: the police believed both women and brought the case to
• 38:55
  Speaker 10: the county attorney in Minneapolis, but he chose not to pray.
• 39:01
  Speaker 26: Unfortunately and tragically, in this case, all we had basically
• 39:06
  Speaker 26: was her word and his word. Is that sufficient evidence
• 39:09
  Speaker 26: to prove beyond a reasonable doubt? Our experience clearly says
• 39:13
  Speaker 26: it's not. The defense attorney would say, ladies and gentlemen
• 39:19
  Speaker 26: of the jury, where's the physical evidence, where's the semen,
• 39:23
  Speaker 26: where's the pictures, where's the video? Where's the witnesses? Why
• 39:27
  Speaker 26: did it take her a year plus? Did she now
• 39:30
  Speaker 26: finally report it merely to get money from him.
• 39:36
  Speaker 10: I do believe these crimes were committed, but I also.
• 39:40
  Speaker 26: Believe, unfortunately we simply could.
• 39:44
  Speaker 23: Not prove it.
• 39:45
  Speaker 27: The percentage of rape cases that are actually investigated and
• 39:48
  Speaker 27: prosecuted are quite low. It's probably one of the most
• 39:51
  Speaker 27: underreported crimes in society today. It's also probably the least
• 39:56
  Speaker 27: prosecuted crime in society today. We listened to this who
• 40:01
  Speaker 27: spoke not.
• 40:02
  Speaker 10: Senator Kirsten Gillibrand authored legislation that would change how sexual
• 40:06
  Speaker 10: assault is handled in the military, and she proposed a
• 40:10
  Speaker 10: new federal law to strengthen rape investigations on college campus.
• 40:14
  Speaker 27: This bill, instead of treating accusers and accused with unequal standards,
• 40:18
  Speaker 27: the accusers and accused would have the same access to
• 40:21
  Speaker 27: all due process rights.
• 40:23
  Speaker 10: When we look at the janitorial industry, for instance, we're
• 40:26
  Speaker 10: talking about low paid, often undocumented people, right, So those who.
• 40:31
  Speaker 27: Are targeted in that industry are vulnerable, So they may
• 40:34
  Speaker 27: not be able to navigate the legal system. They may
• 40:36
  Speaker 27: not feel that their immigration status allows them to even
• 40:39
  Speaker 27: report a complaint.
• 40:41
  Speaker 10: We interviewed a county attorney who declined to prosecute a
• 40:44
  Speaker 10: rape case in which he believes the victim. But he said,
• 40:47
  Speaker 10: unfortunately and tragically, in this case, all we had basically
• 40:51
  Speaker 10: was her word and his word. Do you agree. Do
• 40:54
  Speaker 10: you need physical evidence to prosecute rape?
• 40:56
  Speaker 27: No, because the testimony of the survivor is evident, and
• 41:00
  Speaker 27: so it's whether she's believable or not. And so I
• 41:03
  Speaker 27: think if we have a national conversation about the prevalence
• 41:06
  Speaker 27: of sexual violence, perhaps more juries will believe the testimony
• 41:10
  Speaker 27: of a survivor when she tells what happened to her.
• 41:13
  Speaker 10: It appears that the that the institutions also rally around
• 41:16
  Speaker 10: the supervisors.
• 41:17
  Speaker 15: Of course they do.
• 41:18
  Speaker 27: And so when you're trying to reform these systems, all
• 41:21
  Speaker 27: the bias is against the survivors, all the biases against
• 41:24
  Speaker 27: these victims, who tend to be the least powerful, the
• 41:29
  Speaker 27: least able to raise their voice, the least able to
• 41:32
  Speaker 27: demand justice.
• 41:35
  Speaker 10: For the women who did speak out, the journey is
• 41:37
  Speaker 10: not over. Maria Magana kept working as a night shift janitor.
• 41:42
  Speaker 10: She received a monetary settlement as part of her lawsuit,
• 41:46
  Speaker 10: but she feels that justice has been elusive.
• 41:52
  Speaker 13: Jolupentzeke, you'll see Juana Metterro, la cartillos dere viro No.
• 42:00
  Speaker 22: My pen the mili.
• 42:02
  Speaker 28: Miles perro astacae e star.
• 42:11
  Speaker 29: Canoes to purklo meru susi si tu k caba ca
• 42:19
  Speaker 29: mar Lord ca lordevo you.
• 42:23
  Speaker 28: So coras socios homebreak me marcos Lando okay, laco sexually
• 42:38
  Speaker 28: and travajon and the personal at Chester parted.
• 42:45
  Speaker 30: The vida laid, including the Mayo not to be mostly
• 42:52
  Speaker 30: la fersa, but Ira reported look on Apolisia and says,
• 42:56
  Speaker 30: so you're okay. So the lost the loss primness courses
• 42:59
  Speaker 30: case no longer.
• 43:01
  Speaker 10: A janitor, Erica Morales has used her voice to raise
• 43:05
  Speaker 10: awareness on an internet radio show.
• 43:08
  Speaker 1: But I mean.
• 43:13
  Speaker 15: It's halak.
• 43:25
  Speaker 10: Since Letisa Zuniga spoke out, she has continued to work
• 43:29
  Speaker 10: as a janitor, now for a b M. She says
• 43:33
  Speaker 10: she knows her rights and is doing better.
• 43:37
  Speaker 22: It's toy must comfortably but as an as an army corrasson.
• 43:57
  Speaker 10: So frem.
• 44:01
  Speaker 18: Sofia perque mamas and said, rava your rava, the masu
• 44:13
  Speaker 18: mammals here pus and ma mas minieks I know.
• 44:25
  Speaker 14: H.
• 44:38
  Speaker 10: As Leticia tries to heal herself and her family, she
• 44:42
  Speaker 10: still leaves home every evening, like so many women, to
• 44:48
  Speaker 10: work on the Night Shift.
• 45:01
  Speaker 2: No No.
• 45:05
  Speaker 10: Since this story first aired in twenty fifteen, a lot
• 45:09
  Speaker 10: has changed, as women in all walks of life are
• 45:17
  Speaker 10: coming forward with accounts of sexual harassment. Lelia Garcia Brauer's
• 45:22
  Speaker 10: organization has been teaching janitors how to fight back.
• 45:27
  Speaker 3: I never thought that we would be sponsoring a self
• 45:29
  Speaker 3: defense group. I believe that every woman worker needs to
• 45:35
  Speaker 3: understand how to defend themselves. It is very simple. It
• 45:41
  Speaker 3: is not rocket science what we talk about. We're essentially
• 45:45
  Speaker 3: looking to create an army of female janitors who are
• 45:49
  Speaker 3: committed to go out and talk to as many female
• 45:52
  Speaker 3: janitors as possible so that they too can understand that
• 45:57
  Speaker 3: they have the power within them to defend themselves.
• 46:03
  Speaker 31: Oh is that classes is marabioso porqueova namassras manos.
• 46:23
  Speaker 10: After hearing other janitors stories, Marta Mahia came forward about
• 46:28
  Speaker 10: the abuse she suffered.
• 46:30
  Speaker 1: Yes.
• 46:38
  Speaker 10: The issue had also gotten the attention of a local
• 46:41
  Speaker 10: affiliate of the country's largest janitorial union, s c i U.
• 46:46
  Speaker 8: When Rape on the Night Show came out in twenty fifteen,
• 46:50
  Speaker 8: it was an incredibly emotional moment and a group of us,
• 46:56
  Speaker 8: which all happened to be survivors huddled and said, what
• 47:00
  Speaker 8: are we going to do? This is really important.
• 47:04
  Speaker 13: A massive janitors march.
• 47:06
  Speaker 14: This is in downtown LA.
• 47:08
  Speaker 10: The organized janitors and force employers to provide better. The
• 47:12
  Speaker 10: union was fighting for better working conditions.
• 47:14
  Speaker 1: Organizers say this is the first and many events.
• 47:16
  Speaker 10: That will be here, and they began a campaign to
• 47:18
  Speaker 10: raise awareness about sexual abuse in the industry.
• 47:21
  Speaker 17: It's about workplace harassment and.
• 47:23
  Speaker 10: Sexual The movement's rallying cry was Yabasta, enough.
• 47:27
  Speaker 8: Is enough, yabasta no more. This is not going to
• 47:31
  Speaker 8: be the dirty little secret in our industry that nobody
• 47:33
  Speaker 8: talks about. Like we've had it enough to know.
• 47:37
  Speaker 10: They were encouraged by who came to their side. ABM.
• 47:41
  Speaker 10: Even as the company continues to deal with new accusations
• 47:45
  Speaker 10: of sexual harassment and assault.
• 47:48
  Speaker 8: ABM has come to the table with the union janitors
• 47:52
  Speaker 8: and said we will do better and we will continue
• 47:56
  Speaker 8: to work with you as the watchdogs of this.
• 48:01
  Speaker 10: The women took their fight and their stories of abuse
• 48:04
  Speaker 10: to the California State House.
• 48:06
  Speaker 9: You realize that they're facing so many vulnerabilities in their
• 48:09
  Speaker 9: job and in such a vulnerable position, and that this
• 48:12
  Speaker 9: is happening made me so angry. The fact that these
• 48:15
  Speaker 9: are people among us that we just don't look at,
• 48:17
  Speaker 9: we don't think about, we don't take the time to say,
• 48:20
  Speaker 9: like what kind of working conditions are you in and
• 48:22
  Speaker 9: what kind of vulnerabibilities might you experience? And so I
• 48:26
  Speaker 9: was sad, I was angered, and I wanted to do
• 48:29
  Speaker 9: what we could do from the state to be able
• 48:30
  Speaker 9: to protect these women.
• 48:32
  Speaker 10: Lorena Gonzalez Fletcher introduced AB nineteen seventy eight, a bill
• 48:37
  Speaker 10: requiring sexual harassment training for all janitorial employees and employers.
• 48:44
  Speaker 10: Companies that failed to comply with the law would not
• 48:47
  Speaker 10: be able to do business in California.
• 48:50
  Speaker 8: That was the beginning of a very public fight to
• 48:53
  Speaker 8: win AB nineteen seventy eight.
• 48:55
  Speaker 3: Usual attempt to encourage Governor Brown to sign a piece
• 48:57
  Speaker 3: of legislation.
• 48:58
  Speaker 8: Well put up billboards across us the Bay Area that
• 49:01
  Speaker 8: we were hoping the governor would see so that he
• 49:03
  Speaker 8: would sign Every nineteen seventy eight k eslaso sexual vive
• 49:10
  Speaker 8: andros iamos cortanos sera s NulOs medals.
• 49:17
  Speaker 10: At the Ya Baster women came out in force, demonstrating
• 49:21
  Speaker 10: in front of the state capital.
• 49:26
  Speaker 9: Then the women themselves did a hunger strike at the
• 49:28
  Speaker 9: end to wait on a signature.
• 49:32
  Speaker 15: The Naula.
• 49:39
  Speaker 31: Pianos sentiamosimos das Maltra.
• 49:51
  Speaker 8: They were on their fourth day fasting and not eating.
• 49:55
  Speaker 8: There was just a lot of emotion in the air
• 49:57
  Speaker 8: and we were tired, and all of a sudd and
• 50:00
  Speaker 8: the governor's staff come down.
• 50:02
  Speaker 15: I want to introduce her, please, you want to come.
• 50:07
  Speaker 8: Around, and they said the governor has signed the law,
• 50:18
  Speaker 8: and there was just this emotion of disbelieve or of
• 50:24
  Speaker 8: also empowerment of them saying we did this, we did it,
• 50:28
  Speaker 8: and he signed.
• 50:29
  Speaker 31: It almost in choke at yo, dad moseos.
• 50:41
  Speaker 15: Live to Oh my god.
• 50:56
  Speaker 9: I think at a time where things are changing now
• 50:59
  Speaker 9: and luckily there are a lot of women coming forward
• 51:02
  Speaker 9: being able to tell their stories. And so if we
• 51:04
  Speaker 9: don't take this moment history and use it to protect
• 51:07
  Speaker 9: the very uh the most vulnerable workers among us, that
• 51:12
  Speaker 9: we don't take the opportunity for this movement to embrace
• 51:16
  Speaker 9: low wage service workers, hourly workers, women who are barely
• 51:20
  Speaker 9: getting by, those who might be undocumented, then we're letting
• 51:23
  Speaker 9: a moment pass.
• 51:35
  Speaker 8: We've made a lot of strides, but it's not over.
• 51:37
  Speaker 8: The culture right now as it stands, has not been
• 51:40
  Speaker 8: fixed and say oh great, next, it's something that.
• 51:43
  Speaker 5: We just started.
• 51:44
  Speaker 8: There's still a lot of work to be done.
• 52:27
  Speaker 3: For more on this and other programs, visit our website
• 52:30
  Speaker 3: at pbs dot org. Slash Frontline, Frontlines, Rape on the
• 52:43
  Speaker 3: Night Shift is available on DVD.
• 52:46
  Speaker 2: To order, visit shoppbs dot org or call one eight
• 52:50
  Speaker 2: hundred play.
• 52:51
  Speaker 3: PBS Frontline is also available for download on iTunes, Aga