SEQUIM — The Sequim unit of the Boys & Girls Clubs of the Olympic Peninsula says it took “effective remedial action” in addressing complaints of alleged sexual harassment that focused on former board member and volunteer Stephen Rosales.
The club’s assertion was contained in its Jan. 11 answer to a civil lawsuit filed against the nonprofit organization Dec. 7 by former employee Lindsey Richardson and current employee Jessica Borries in U.S. District Court in Tacoma.
“Defendant exercised reasonable care to prevent and to promptly correct any unlawful discrimination or harassment, including maintaining an express policy against such unlawful conduct, providing effective mechanisms by which employees could complain of such conduct and promptly following up to address plaintiffs’ complaints, including taking prompt and effective remedial action,” according to the answer filed by Seattle lawyer Deborah Hatstat of Seattle, representing the organization.
Richardson and Borries made similar claims last year in complaints submitted April 20 by Richardson and Aug. 15 by Borries to the federal Equal Employment Opportunity Commission.
The agency investigated and decided no action was warranted against the club.
“The club continues to deny the allegations against it and will vigorously defend ourselves in the lawsuit,” club board President Jerry Sinn told the Peninsula Daily News.
No details
Sinn would not say what remedial action was taken, or if an investigation into the matter by the club was still taking place.
“I’m not going to make any comments on any of that material,” Sinn said.
He said that Rosales, a former board member and volunteer, is no longer involved in the club, which has facilities in Sequim and Port Angeles.
Rosales did not return several calls from the PDN requesting comment on the lawsuit and club’s response.
On Nov. 10, Rosales said in regard to the EEOC complaints: “It’s totally false, 100 percent.”
Rosales is the interim director of the Sequim Food Bank. He ran unsuccessfully for the Sequim School Board, losing in the Nov. 8 general election to incumbent Walter Johnson.
In their lawsuit, Richardson and Borries said the club engaged in unlawful employment practices “by failing to take prompt and appropriate remedial action in response to complaints by plaintiffs Richardson and Borries of hostile work environment sexual harassment.”
They said they want damages for “emotional distress, humiliation, inconvenience and loss of enjoyment of life, as well as other harm, in amounts to be proven at trial.”
Statute of limitations
The club said the women’s claims may be barred by the statute of limitations.
Borries and Richardson also “failed to take advantage of the preventive or corrective opportunities provided by [the club] or to otherwise avoid harm,” the answer said.
“[The club] had a legal privilege or justification to engage in some or all of the alleged conduct, and/or plaintiffs consented to some or all of the conduct,” it said.
“Any damages claimed by plaintiffs were proximately caused or contributed to by the fault, negligence or conduct of plaintiffs or third parties other than defendant . . . If plaintiffs suffered any harm or damage, they have failed to mitigate that harm or damage and to protect themselves from avoidable consequences.”
The club is seeking costs and attorney fees from Richardson and Borries.
March 22 court date
The next scheduled court date is March 22 to discuss the status of the case.
Employment law attorney Terry Venneberg of Gig Harbor, who represents the women and who had pledged to file the lawsuit after the EEOC took no action, did not return calls from the PDN this week seeking comment.
In the suit, Borries said Rosales began making sexual comments about Borries’ physical appearance almost daily, beginning when she started working at the club in 2008.
She also allegedly overheard comments by Rosales “concerning other females at the club, including teenaged girls, that were sexually related and that caused her to feel embarrassed and uncomfortable.”
The club agreed that Borries made written allegations complaining that Rosales made her “extremely uncomfortable” and that Borries claimed Rosales had made “tasteless comments” toward women at the facility but denied that Rosales made the comment about Borries’ appearance and other women or girls at the club.
‘Taken seriously’
The club also said it agreed that Borries was assured her complaint “would be taken seriously and investigated fully” and informed Borries on May 11 that Rosales would be barred from the facility pending an investigation of her complaint.
Borries was informed “that Rosales would not longer be volunteering at the Boys and Girls Club of the North Olympic Peninsula until further notice,” the club says in its answer to the suit.
But Borries claimed she was not informed that an investigation was conducted or if it was concluded.
She said she repeatedly encountered Rosales at the club despite assurances he was barred from the club, and went to work fearful she would run into him.
The club said Rosales saw Borries’ complaint.
Richardson alleges that in September 2010, Rosales began making explicit sexual comments about women at the club and engaged in “screaming, yelling and other instances of physically and verbally threatening behavior and language.”
Alleged violence
The violence allegedly entailed “pushing her in a chair at the front desk,” Richardson said.
She said that the club allegedly failed to take remedial action against Rosales, and that she was moved from the front desk to the facility’s computer lab.
The club said it gave Richardson options for reassignment and that Richards chose to be transferred to the computer lab.
It denied her other allegations.
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.