Georgia Department of Natural Resources Sued for Sexual Discrimination

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Summary: A former employee of Georgia’s Department of Natural Resources alleges she was forced to send one of her superiors nude photos to receive a promotion.

  

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According to Law.com, a former employee of Georgia’s Department of Natural Resources has alleged she was terminated from her job because she reported that a senior staff member demanded nude photos of her in exchange for a promotion.

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Jacquelyn Scarbary has filed a lawsuit against DNR Commissioner Mark Williams, as well as Judson Turner, the director of the Environmental Protection Division. She claims sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Georgia Whistleblower Protection Act, respectively.

In the suit, Scarbary alleges that Jerry Campbell, a senior member of the Environmental Protection Division’s Emergency Response Team, said that he would recommend her for a promotion on the team if she gave him nude pictures. Scarbary complied, and received the promotion in 2011.

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A new team was formed in 2013, and Scarbary asked Campbell about the new leadership position. Allegedly, Campbell responded, “What are you going to give me this time?” Scarbary then claims she refused to give Campbell anything for the promotion, and a candidate who was “substantially less qualified” got the job.

Scarbary also argued that Campbell made “lewd and harassing” phone calls to her over the next several months.

Scarbary allegedly reported Campbell’s behavior in May 2014. She also informed the human resources department and the Georgia Bureau of Investigation about what had occurred. While interviewing with the GBI, Scarbary said that Campbell had sent the photos to two other individuals without her consent, including Randall Harris, a human resource manager who had interviewed her about the incident.

The complaint also states that Scarbary emailed Harris at some point to vent her frustrations about how the investigation was being conducted and to protest that Campbell had given her photos out. Two days later, she was fired and “given no reason for her termination.”

James Radford of Radford & Keebaugh, Scarbary’s attorney, said “There’s no dispute that they fired her because of her outcry of sexual harassment.” He noted that the lawsuit is focused on the retaliation and termination instead of the harassment itself.

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Scarbary seeks a jury trial and damages to compensate her for lost wages, emotional distress, attorneys’ fees, litigation expenses, and employment benefits.

Scarbary began working at DNR in 1999 and had received positive feedback, with “no significant history of employment-related discipline.” She served on the Emergency Response Team for two years, from 2011 to 2013. Additionally, she has 12 years of experience supervising the cleanup of hazardous waste sites.

Radford added that Scarbary now works an hourly job, one that is not in her desired field of work. “Her career at the DNR is destroyed. She’s been struggling,” he commented.

Source: Law.com

Photo credit: vawnet.org, decaturlegal.com (Radford)