PHILADELPHIA – The former executive director of a Delaware County activist group who filed suit against the group and claiming age discrimination and other allegations has seen her case dismissed.
On Aug. 22, U.S. District Court for the Eastern District of Pennsylvania Clerk of Court Kate Barkman ordered the case filed by plaintiff Barbara Joyce Dale as dismissed with prejudice, pursuant to the agreement of counsel without costs.
Dale, of Brookhaven, filed suit on Feb. 14 in U.S. District Court for Pennsylvania's Eastern District against Delaware County Women Against Rape of Media and its board members, claiming violations under the federal Age Discrimination in Employment Act, Pennsylvania's Human Relations Act, and the state's Whistleblower Law, according to the 18-page complaint.
Delaware County Women Against Rape was founded in 1974 and is a private, nonprofit agency that partners with police, courts and health care providers to “provide comprehensive direct services” to victims of sexual assault and other serious crimes, according to its website.
Dale, described in her lawsuit as “over 40,” was executive director of the group from its inception until she was fired in August 2018.
“Plaintiff was subjected to discrimination, harassment, a hostile work environment and retaliation that continued unabated bated from the time plaintiff returned to work following a five-week sick leave in the spring of 2017,” the complaint said.
Some of Dale's allegations center around incidents before and during a Delaware County Women Against Rape Board of Directors meeting in June 2017. Dale claims she was “interrogated” by Board Member Rina Vassallo before a Board of Directors meeting “about the specifics of her illness, including future treatment plans.”
Board President Juan Salcedo allegedly became angry with Dale before and during the meetings, according to the complaint.
“During the same meeting, and in the presence of all board members, Juan Salcedo shouted at plaintiff for several minutes, repeatedly saying ‘What are your plans?’” the complaint said. “Plaintiff was confused by the question. Finally, Salcedo waved his arms, slammed his hands on the table in a threatening manner, and demanded 'When are you going to retire?’”
Vassallo and Salcedo were among named defendants in Dale’s complaint.
More confrontations allegedly occurred between the board and Dale until the board's July 2018 meeting, when Dale was fired as executive director through a vote of no confidence, from which three board members either abstained or voted no, according to the complaint. Dale's termination was effective Aug. 31, 2018.
“Plaintiff was retaliated against for complaining of age discrimination, harassment and a hostile working environment," the complaint said. "Plaintiff was also retaliated against for refusing to follow board directives that would have violated federal law regarding the sole sourcing of contracts, and for raising issues of board conflicts of interest as well as board failures to properly govern according to Pennsylvania Non-Profit Corporation Law.”
Dale filed a complaint with the Equal Employment Opportunities Commission, which issued her a right to sue letter in November 2018.
“The board of directors retaliated against plaintiff for filing a complaint with the EEOC, removing plaintiff from the board of directors of the corporation and directives to remove plaintiff's dissents from corporation minutes in violation of Pennsylvania Non-Profit Corporation Law,” the complaint said.
The plaintiff was represented by Dolores M. Troiani of Troiani & Gibney, in Berwyn.
The defendants were represented by William J. Leahy and Alexa Joy Laborda Nelson of Littler Mendelson, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:19-cv-00640
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com