SCRANTON – A Monroe County resort is seeking to deny legal anonymity to a graphic designer who alleged she endured years of sexual harassment at the hands of her supervisor while working there.
Jane Does 1-2 of Cresco first filed suit in the U.S. District Court for the Middle District of Pennsylvania on June 11 versus Shawnee Holding, Inc. (doing business as “Shawnee Inn & Golf Resort”) of Shawnee and Jeromy Wo, of Stroudsburg.
“Doe 1 was hired on March 15, 2007 as Graphic Designer/Web Administrator at the Shawnee Inn & Golf Resort, a position she was qualified for based on her extensive experience in art direction and graphic design. Doe 1 is a female. Doe 1 was subjected to a hostile environment/harassment based on gender stereotyping, gender identity and/or sex, which was severe and/or pervasive enough to alter the conditions of her work environment and make it more difficult for her to do her job,” the suit said.
The suit added this would include Wo stripping out of his cycling attire and changing into work attire after his commute in front of Doe 1, Wo claiming Doe 1 was jealous of the victim of an alleged sexual assault which had occurred on the premises, Wo routinely asking questions about gay and lesbian sexual behavior and Wo regularly disclosing Doe 1’s sexual orientation when introducing her to new co-workers, among other incidents.
Though Doe 1 said she complained to the Human Resources department on multiple occasions and the facility’s General Manager Rob Howell, the harassment did not stop. After submitting a complaint to Howell, Doe 1 said she was written up for doing so, in violation of the facility’s Equal Opportunity policy.
Doe 1 was instructed that all of her complaints of harassment must first be brought to Wo, her direct supervisor and main harassment, who would then decide if her complaints should be taken to the Human Resources department, the suit said.
Wo then conducted Doe 1’s performance review, giving her a negative review and denying her a three percent raise, the suit said, while adding that if the plaintiff “fell in line” and didn’t cause any more trouble for Wo, the raise would be reassessed.
Wo added that he had to unilaterally approve any of the plaintiff’s work product, which she said was detrimental to her ability to perform her job, and that all of the above incidents were in violation of the Shawnee Harassment-Free Workplace Policy.
UPDATE
On June 14, the plaintiff filed a motion to proceed anonymously, on the grounds that the incidents contained in the lawsuit are “the epitome of private.”
“Plaintiffs have kept the facts and nature of this case to themselves. In fact, Doe 1 has taken great lengths to maintain confidentiality regarding her mental health status and related treatment. Plaintiffs seek anonymity for fear that disclosure of Doe 1’s mental health will negatively influence her ability to secure future employment,” the motion stated.
“As outlined in greater depth below, Doe 1 is a married homosexual women who has developed extreme mental health issues due to the ongoing trauma that stems from the defendants’ actions. Both Doe 1 and Doe 2 have only divulged the existence of and the facts pertaining to the instant case to each other, their treating physicians, and counsel. As such, the plaintiffs have suffered alienation and strained relationships with friends and family due to their efforts and desire to keep this matter confidential.”
The defendants countered with an opposing motion filed on July 30, seeking to deny the plaintiff the ability to remain anonymous in the action.
“Although Plaintiffs’ allege they have kept the facts and nature of the case to themselves and only involved ‘each other, their treating physicians and counsel.’ Plaintiff filed a complaint with the Pennsylvania Human Relations Commission under her given name which sets forth the same set of facts which could easily be obtained by the public,” the defense motion said.
“Further, Plaintiff has alleged in her complaint and been identified in a newspaper article as a ‘graphic designer hired on March 15, 2007’ at ‘Shawnee Inn & Golf Resort’ who claims ‘sexual harassment at the hands of her supervisor.’ Plaintiff could easily be identified by co-workers and friends from this information.”
The defense argued that, “in cases involving sexual harassment, it is typical, if not universal that details of sexual or otherwise inappropriate gender based behavior will be both pled and presented as evidence.”
“In that regard, plaintiffs’ concern about the existence and details pertaining to alleged harassment are not any different than any other Title VII harassment case,” according to the defense.
For counts of hostile work environment/harassment, wrongful discharge, retaliatory discharge, aiding and abetting, retaliation, intentional infliction of emotional distress and loss of consortium, the plaintiffs are seeking compensatory and punitive damages, plus pre- and post-judgment interest, costs, attorney’s fees and injunctive relief, in the form of a neutral employment reference for Jane Doe No. 1, to enact and enforce an anti-discrimination and anti-harassment policy, to provide appropriate training and to post notice of the result in this case at the Shawnee Inn and Golf Resort.
The plaintiffs are represented by Adrian K. Cousens and Anne K. Manley of Gross McGinley, in Allentown.
The defendants are represented by Ellen C. Schurdak and John E. Freund III of King Spry Herman Freund & Faul, in Bethlehem.
U.S. District Court for the Middle District of Pennsylvania case 3:21-cv-01037
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com