Mises Daily

A
A
Home | Library | Boomerang

Boomerang

October 2, 2000

Bill Clinton's unpaid legal bills now exceed his net assets
by several million dollars. And now, just as the president is getting
ready to pack his bags, Franette McCulloch has seen to it that he'll have one
more lawsuit to deal with, one more charge of sexual harassment, and one more
demand for $1 million on his way out the door.

It started in the kitchen, says McCulloch, 53, an assistant pastry chef at
the White House, when her former boss, Roland Mesnier, the chief pastry chef
at the White House, retaliated after she rebuffed his unwanted sexual
advances. On top of suing Mesnier for $1 million, McCulloch is seeking $1
million from Bill Clinton, charging the White House failed to adequately
respond to her complaints.

Clinton, both as president and head of the White House workforce, say
McCulloch's lawyers, ultimately is responsible for making sure there's a
clear and ample avenue for reporting sexual harassment and he failed to do
so.

"McCulloch says Mesnier became hostile and rude when she spurned his
advances, 'screaming' at her for refusing to have sex, excluding her from
designing desserts and once assigning her to peel eight crates of kiwi,"
reports The Washington Post. "She charges that Clinton, as the head of the
White House, failed to carry out his duty under the 1996 Presidential and
Executive Office Accountability Act which directed the president to establish
rules extending civil rights protections to all employees."

In other words, the way the law is written, i.e., designed to open the
deepest pockets for trial lawyers, the Sugar Daddies of the Democratic party,
it is Bill Clinton's fault that chef Mesnier stuck Ms. McCulloch with eight
crates of kiwi.

It doesn't matter, in short, if Clinton was jetting off to Bosnia, Ireland
and Syria, staying up night and day trying to undo centuries of tribal
conflict, he still "should have known" what was going on behind the pantry
door.

McCulloch's pastry duties at the White House began in 1983 and, she says,
Mesnier didn't do anything wrong for the first eight years. She claims the
"severe sexual harassment" began in 1991 and lasted until she went on unpaid
leave in June 1999, diagnosed with "stress-related depression." Saying she
can't explain the timing, she says only: "I know he separated from his wife."

Now, with McCulloch's one-year unpaid leave ended, she says her savings are
depleted and that she's suing for back pay for the year she's been on leave,
and to be allowed to return to her job, but under a different supervisor, and
for $2 million from Mesnier and Clinton.

Displaying photographs for the press of herself serving elaborate birthday
cakes to former first ladies Barbara Bush and Nancy Reagan as well as of a
smiling Hillary Rodham Clinton next to her gingerbread White House creation,
McCulloch says she found being removed from her duties "very demoralizing."

Looking at the thousands of new pages of rules and regulations that are
published each year in the Federal Register, a lot of us have been saying for
years that no one can know all the rules, that any one of us can be charged
at any time with illegal behavior under some petty and buried edict within
the plethora of government red tape and regulations. Bill Clinton's lawyers,
responding to McCulloch's lawsuit, are now saying the same thing.

"White House lawyers are saying they had no knowledge of the 1996
Presidential and Executive Office Accountability Act," says Joseph Yablonski,
one of McCulloch's lawyers. "The White House has remained frozen in the
headlights. I'm not only surprised. I'm shocked. It's bizarre. Who's in
charge?"

If Bill Clinton thinks back, he might recall that this isn't the first time
in court for McCulloch and Mesnier. "The last time, the two were testifying
on the same side against another chef, Sean T. Haddon, who had charged that
he was denied a promotion because he was dating a black woman," reports The
Washington Post
. "In that case, brought in 1993 before the Equal Employment
Opportunity Commission, McCulloch testified that Haddon couldn't make a crab
cake and once served George and Barbara Bush orange Jell-O pie that
embarrassed the pastry shop. McCulloch and Mesnier also told an FBI agent
that Haddon had made death threats against them, though never directly."

As it turned out, after four years and a large pile of tax dollars, the EEOC,
although saying Haddon's firing had been legal, ruled that the White House
had "retaliated" against Haddon for filing the EEOC complaint by, as The
Washington Post reported, "yanking his security pass for a day and
interrogating him on false charges of trying to poison the first family and
kill his kitchen colleagues."

With the McCulloch case, as with the Paula Jones, Juanita Broaddrick,
Gennifer Flowers, Kathleen Willey and Monica Lewinsky cases, the real irony
is that it's Bill Clinton, more than any other president, who pushed to have
disputes over sex in the workplace turned into big-ticket legal items.

Walter
Olson, a senior fellow at The Manhattan Institute, got it exactly right in
his "Punch the Clock, Sue the Boss" article a few years back in the New York
Times
: "Like so many who have loudly advocated expanding liability for
everyone else, President Clinton probably never saw the boomerang coming."


Note: The views expressed on Mises.org are not necessarily those of the Mises Institute.

Follow Mises Institute