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Harassment prevention can't stop at the boardroom

By Jonathan Hyman on September 28, 2026
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Timothy Ryan didn’t just harass women at Davis Cartage Co. He used the company’s own surveillance cameras to do it — allegedly zooming in on employees’ bodies from his office, then calling down to reprimand them for talking to each other because he’d been watching.

That’s the EEOC’s allegation in a lawsuit filed Friday against the Michigan logistics company, and it’s not your garden-variety harassment case.

Ryan is the company’s president of logistics. He’s also on the board of directors and a part owner of the company. According to the complaint, he propositioned employees for years — pornography discussions, requests for massages, promises of promotions and cash bonuses for sexual favors, invitations to his cabin, an offer to let one employee sleep in his hotel room if she got too drunk.

One employee complained to HR back in 2020. The EEOC says HR’s response wasn’t an investigation. It was a cover-up — allegedly forging a document to discredit her and skipping interviews with witnesses who could’ve corroborated her story.

Ryan faced no discipline. The harassment allegedly continued at company Christmas parties, then escalated in 2023 against two more employees, A.M. and T.H., both of whom he’d allegedly hand-picked and told they’d “owe him.” One of them says he leaned over her desk so closely she could feel his breath.

Employers, “harassment prevention starts at the top” isn’t a platitude. It’s a structural fact about how power works inside a company.

When the harasser is a line supervisor, HR can investigate, discipline, or fire him without much political cost. When the harasser owns a piece of the company and sits on its board, HR isn’t investigating a subordinate. It’s investigating a boss. And if this complaint is accurate, that’s exactly what broke down here — HR protected the power structure instead of the employee who reported it.

There are a few things this case should drive home for employers:



1. Your harassment policy has to survive contact with leadership.
A policy that only works against employees three levels below the C-suite isn’t a policy. It’s theater.



2. HR needs a reporting line that doesn’t run through the accused
. If the alleged harasser has enough influence to shape how HR responds, you need an outside investigator, a board-level escalation path, or both.



3. “No prior discipline” isn’t a defense once someone’s complained.
A documented 2020 complaint followed by continued conduct in 2023 is exactly the pattern that turns a harassment claim into an expensive lesson.

Culture doesn’t trickle down. Neither does accountability — unless you build a system and a culture that allows it to run uphill, too.

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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