WILLIAMSPORT – An anonymous woman and steward at Penn State University contends she was subject to sexual harassment and retaliation at her workplace, after she was allegedly raped by her direct supervisor.
Jane Doe of Bellefonte filed suit in the U.S. District Court for the Middle District of Pennsylvania on Nov. 1 versus The Pennsylvania State University, of University Park.
“On April 29, 2019, Penn State’s Auxiliary and Business Services division hired plaintiff as a Steward (dishwasher) at the Nittany Lion Inn. Plaintiff began as a Steward at the Nittany Lion Inn with the goal of working her way up to a Chef position,” the suit says.
“James Roe is a Cook at the Nittany Lion Inn. At all relevant times, Roe was plaintiff’s direct supervisor. Jamison Steffan is Executive Sous Chef at the Nittany Lion Inn. At all relevant times, Steffan was Mr. Roe’s direct supervisor.”
The suit alleges that on Dec. 13, 2019, Roe sexually assaulted plaintiff at his residence and that as a result, Doe became pregnant, which she learned on Jan. 7, 2020.
“On or about Jan. 7, 2020, plaintiff informed Steffan that she pregnant because plaintiff was a high-risk pregnancy and was not allowed to lift more than 50 pounds at that time. On or about Jan. 7, 2020, plaintiff also informed Roe that she was pregnant,” the suit claims.
“After learning that plaintiff was pregnant, Roe began harassing plaintiff. For example: (a) Roe told plaintiff that he wanted no involvement with the baby and that she should tell people at work that she had a one night stand and did not know whose baby she had and; (b) Roe told plaintiff to get an abortion.”
When she first consulted Steffan, Doe explained that Roe had already told Steffan that he was the father of her baby. In response, Steffan allegedly did not take Doe’s complaints seriously – rather, he was said to have told Doe that he was “disappointed” in both she and Roe.
The plaintiff also claims Roe subsequently made her do “very physical work by herself, including lifting more than 50 pounds of hot dishes and glassware, which violated her pregnancy-related work restriction”, and engaged in continuous harassment towards her – which Steffan allegedly did not stop from happening or investigate, due to his friendship with Roe.
Doe added that on Feb. 10, 2020, she reported Roe’s harassment of her to Carol Eicher, Human Resources Consultant. Doe says she told Eicher that Roe sexually assaulted her on Dec. 13, 2019 and that Roe had been harassing her since he learned that she was pregnant.
Eicher allegedly told Doe that Penn State would address her complaint.
“Approximately one week after plaintiff reported Roe’s harassment of her to Eicher, Eicher telephoned plaintiff and stated that they spoke to Steffan and decided that they would move plaintiff to the Nittany Lion Inn’s housekeeping department. Plaintiff did not want to move to the housekeeping department because it was an entirely different job, which plaintiff was not interested in because she had a goal of working her way up to a chef position. The housekeeping position also required a pay cut,” the suit states.
“Penn State did not investigate plaintiff’s complaints about Roe in violation of its own policies Further, Penn State retaliated against plaintiff by attempting to demote her to the housekeeping department. As a result of Roe’s unwelcome sexual harassment and Penn State’s retaliation, plaintiff was forced to constructively discharge her employment.”
For multiple counts of sexual harassment and hostile work environment, constructive discharge and retaliation in violation of Title VII and Title IX, the plaintiff is seeking a judgment declaring that Penn State’s actions are unlawful and violate Title VII and Title IX, preliminary and permanent injunctions preventing the repeating of such conduct, an order compelling the Pennsylvania State University to provide training to all employees on harassment, discrimination, and retaliation prevention, to provide copies of the trial verdict and judgment to all employees, to report on ongoing compliance efforts related to any ruling, the reinstatement of the plaintiff, front pay, back pay, compensatory damages, punitive damages, attorney’s fees, pre- and post-judgment interest, such other and further legal and equitable relief and a trial by jury.
The plaintiff is represented by Stephanie J. Mensing of Mensing Law, in Philadelphia.
The defendant is represented by Jill M. Lashay of Buchanan Ingersoll & Rooney, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 4:21-cv-01862
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com