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Woman Says JPMorgan Gave Rapist Free Rein

DALLAS (CN) - A JPMorgan Chase employee says in court that she was raped by a vice president whom the bank allowed "to prey on defenseless women."

Kimberly Schultz sued the bank and Derrick Gilliam, its vice president and senior project manager, in Dallas County Court on Tuesday

Schultz says the Flower Mound-based Gilliam hired her to a $75,000-per-year job after a brief meeting, and that showed an inappropriate interest in her from the start.

After Schultz tried to resign her loss-mitigation position in June 2011, Gilliam persuaded her to stay and allegedly tried to get her drunk, she says.

"The next day, Defendant Gilliam told Schultz that they need to have an 'offsite meeting,' and that Schultz needed to bring her work laptop with her," the nine-page complaint states. "The meeting took place at a hotel, and Schultz assumed that the meeting would take place in a conference room. This was not what Gilliam had in mind. Instead, Gilliam had Schultz meet him in a hotel room. Referring his coercive acts the night before, he asked her 'You're not going to tell HR, are you?' At that point he stated 'I'm your boss,' and attempted to force Schultz into performing fellatio."

Schultz says she refused, but that Gilliam allegedly pushed her onto the bed and forcibly raped her while she pleaded for him to stop.

"Gilliam who is a large man, weighing approximately 300 pounds, ignored Schultz's pleas, and as previously stated, proceeded to forcibly rape Schultz," the complaint states. "Immediately thereafter, Schultz contacted the Lewisville Police Department. As is often the case, the police refused to take action against her rapist, Gilliam, and instead only deepened Schultz's humiliation and despair."

Schultz says she reported the incident to the bank's human resources department and was initially pleased when a case worker was assigned, thinking the company was trying to help her.

"Instead of helping Schultz, defendant JPMorgan's Human Resource Department engaged in an unconscionable course of conduct, including making illegal inquiries into Schultz's sexual history and background, making unauthorized disclosures of Schultz's medical conditions in violation of Schultz's HIPAA rights, and in general preparing the company's defense to what it perceived would ultimately become a lawsuit," the complaint states. "Sadly, Schultz was not contemplating a lawsuit, merely seeking help for the trauma and humiliation she had suffered."

The investigation was a sham and fraud, and the bank tried to paint Schultz as an unchaste woman, according to the complaint.

Weighed down by mental abuse that the bank allegedly inflicted upon her, Schultz says she never returned to work, has distanced herself from her husband, family and friends, and has experienced "untold suffering and mental anguish."

"Defendant JPMorgan's employee knew of Gilliam's intentions before the rape happened, but failed to either warn Schultz or report the incident to anyone at Defendant JPMorgan," the complaint states. "Defendant JPMorgan knew or in the exercise of ordinary care should have known of Gilliam's proclivities, but failed to take any action whatsoever. Instead, Defendant JPMorgan turned a blind eye and allowed Gilliam to prey on Schultz and other female employees."

Schultz says Gilliam warned other male co-workers to stay away because he wanted her for himself.

"In fact, Gilliam was/is a sexual predator who uses his position of power to prey on defenseless women," the complaint states. "In fact, the co-worker to whom Gilliam expressed his intentions to 'f**k' Schultz, apparently, admitted this fact to Defendant JPMorgan's Human Resources department, but only after the fact, and after the rape occurred."

Schultz seeks punitive damages for battery, false imprisonment, negligence and intentional infliction of emotional distress. She is represented by Lawrence Bailey with Bailey Harneck.

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