Plaintiff also suffers from the rejection and lack of support of her peers, and from the constant threat of losing her job. 81. Many of the chiefs and the city managers did not appear to recognize or admit that the harassment was more than good fun or regular and expected behavior of police officers. 74. In exchange for a reduced sentence, Gaines was to try to set plaintiff up in an illegal drug transaction. 69, p. 20). The overt rejection, harassment, and discrimination by her peers was perceived by plaintiff as a rejection of self, resulting in great damage to her personality structure. Seminole All filing requirements of Title VII of the Civil Rights Act of 1964, as amended in 1972 (Title VII), which are a prerequisite to the jurisdiction of this Court, have been satisfied by the plaintiff herein. Someone put a face on one punching bag with the words "Mona hit me, hate me." Id. 1. 0:30. 7. The individual in this position is considered a non-sworn, civilian member of the Seminole Police Department, with no arrest powers; who is trained to perform selected police functions. However, when another incident occurred a few weeks later, he recommended to plaintiff "not to make a big deal out of it.". The Low Premium Plan offers options for Medical, Prescription Drug, Dental, and Vision Coverage for all enrolled full-time employees and their eligible dependents. Knowledge of pertinent Federal and State laws and Tribal Ordinances is highly preferred. The test most often used for determining whether a plaintiff has proved a prima facie case of employment discrimination was set forth by the Supreme Court in McDonnell Douglas Corp. v. Green,411 U.S. 792, 803, 93 S. Ct. 1817, 1824, 36 L. Ed. In July of 1979, Acting Chief Downing determined that the treatment of the plaintiff was of such magnitude that he directed a general written memorandum to all officers ordering them to refrain from directing immoral comments and objects toward other officers. Dave Harris refused to look at the materials which plaintiff had brought along as exhibits, because this incident had occurred before he became City Manager. Finally they told her to go do the investigation herself and if she could prove who did it, they would be fired. 69. In June, 1982, plaintiff went with the Chief to see Dave Harris, the City Manager, about these things. Infrastructure Improvement projects, helping the homeless, building new schools, etc. The chiefs and the city managers were clearly unwilling to confront the problem and the problem-makers, in particular, Lt. Herdlitchka. In fact, at least one Chief joined in the harassment of plaintiff. He had been sworn as an officer by plaintiff's father, who at that time had been Chief of the Oklahoma City Police Department. It is further ordered that defendant is permanently enjoined, along with its officials, agents, employees, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates because of sex. Merriweather v. Hercules, Inc., 631 F.2d 1161, 1166 (5th Cir. (Pltf's Exh. Must have the ability to work a flexible schedule including evenings, weekends and holidays. 49. As established in the Seminole Tribe of Florida's constitution, the Tribal Council is the chief governing body, composed of a Chairman, a Vice-Chairman and Council Representatives from each reservation. Lemmings knew that Herdlitchka had been forced to resign from the Oklahoma City Police Department because of a paternity investigation involving Herdlitchka and a juvenile female. Similarly, the court in Henson, supra, at 905, held that knowledge of the employer can be inferred by a showing that plaintiff complained to higher management of harassment, or by showing the pervasiveness of the harassment, which gives rise to the inference of knowledge or constructive knowledge. 28. Hamilton issued a memo dated May 11, 1979, in which he upheld plaintiff's seniority rights as to days off, and "instructed Police Chief Tom Lemmings to speak to the officers of the Seminole Police Department and direct them to cease and desist any further alleged harassment or discriminatory (sic) practices in reference to Police Officer Arnold or any other members of the Seminole Police Department. 2000e-5(e), (f) (1). Later in 1981, after Chief Jordan arrived, plaintiff complained to Chief Jordan, who became angry and replied that Herdlitchka could have anything he wanted, and he (the Chief) wasn't about to make him remove the picture. He was requested to notify the Chief. The empire Osceola sits atop gushes cash. Seminole Attorney for Arrest by the Seminole Police Department 7). Plaintiff suffers from post-traumatic stress syndrome, that is, a severe reaction to very unusual stress conditions. in Criminal Justice, Law Enforcement or Public Administration, or related field is preferred. The incumbent in this position handles inquiries involving 1. Detectives also investigate cases involving financial, technology based,and organized crime reported by individuals or businesses. Although some courts have argued that sexual harassment, unlike other forms of harassment, does not involve behavior that is intrinsically offensive, there is no doubt that most, if not all, of the harassment detailed herein is fundamentally offensive. Gaines was also supplied with a tape recorder, tapes, and a phone tap by Terry Morris. Much of the harassment which plaintiff has undergone can be traced to defendant Herdlitchka directly or indirectly. When plaintiff returned to the station, she found that no calls were waiting or had been waiting. I was contemplating, you know, Im in heavy construction. WebCity Council provides funding for a Community Policing Unit. (Pltf's Exh. Herdlitchka and Nalley were on the night shift that evening. SEMINOLE, Okla. (KFOR) After coming under fire following several complaints with the Seminole City Managers Office, officials say the police chief has resigned. (Pltf's Exh. 42 U.S.C. Plaintiff's name was written on the log with an arrow pointing to her arrival time and the question "Where was Mona during this time," insinuating that she failed to back up her fellow officers. No. Plaintiff filed a charge of employment discrimination with the EEOC; a Notice of Right to Sue was issued on January 11, 1983; and the plaintiff filed her complaint within 90 days of this notice. You're all set! 2. 2000e-3 provides as follows in pertinent part: "It shall be an unlawful employment practice for an employer to discriminate against any of his employees because [that employee] has opposed any practice made an unlawful employment practice by this subchapter, or because [that employee] has made a charge, under this subchapter.". The Chief then called all officers to a meeting on March 23, 1982. Updates and helpful resources from Seminole Tribe of Florida during COVID-19. Dan Christensen 1983, under Oklahoma statutes prohibiting discrimination, and her claim for intentional infliction of emotional distress were tried to a jury before this Court on June 5th through June 8th, and June 11th through 14th, 1984, wherein the jury found in favor of plaintiff and against defendants and awarded damages in the amount of $150,000.00 against the City of Seminole, Oklahoma, and $1.00 against Lt. Larry Herdlitchka. 2000e-5(g) provides as follows: 31.
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