The city has requested the dismissal of a lawsuit filed by N. Melville Jones, a gay police officer who alleges pervasive anti-LGBT workplace bias.
On Jan. 28, Common Pleas Judge Linda A. Carpenter heard oral arguments from both sides concerning the city’s request.
Jones alleges that a former supervisor, C. Daniel Castro, outed him, triggering a chain of events that created a hostile work environment for Jones.
Alleged acts of bias against Jones include: being sent out on patrol without proper uniform and weaponry; being asked if he gets paid while having sex in the men’s locker room; and being transferred to the “graveyard” shift.
Jones’ lawsuit also implicates four other coworkers: Michael Houck, Robert Ortiz, Cynthia Rascoe and Laverne Vann.
City attorney Benjamin D. Salvina argued that Jones failed to name the four in his anti-bias complaints with the city’s Human Relations Commission.
Thus, Salvina argued, Jones failed to exhaust his administrative remedies for claims directly relating to the behavior of those coworkers.
Salvina said the court lacks jurisdiction over those claims, and that Jones’ claims against Castro are meritless.
Barak A. Kassutto, an attorney for Jones, argued that all of Jones’ claims stem from Castro’s behavior, along with a pre-existing atmosphere of anti-LGBT animus within the police department. He said Jones didn’t have to file a complaint with the HRC for every act of discrimination, since they all flowed from Castro’s behavior.
Carpenter told the attorneys to confine their presentation to a recitation of pertinent facts, and to refrain from giving their interpretation of relevant law.
“Just give me the facts,” the judge said. “I know the law.”
She noted that Castro was promoted to the position of police inspector, a very powerful position within the department.
If evidence indicates that all alleged discriminatory acts were connected to Castro, the claims directly related to the four other coworkers won’t be dismissed at this stage, Carpenter said.
She said a “trier of fact” can decide if Jones’ allegations are factual and sufficient to prove violations of anti-bias laws. She also said if police officials “thwarted” Jones’ ability to ensure reasonable investigations at the HRC, that can also be taken into consideration.
The judge reminded Kassutto and Salvina that one of them isn’t going to like her opinion. But she told Salvina that if her ruling goes against the city, she won’t give him permission to file an appeal.
She said a ruling will be issued shortly, after she reviews relevant paperwork.
Jones is seeking more than $50,000 in damages, and a non-jury trial.
After the hearing, Kassutto expressed guarded optimism.
“Employees who have already reported ongoing employment discrimination shouldn’t have their rights curtailed for not returning to an administrative agency to report every discriminatory act of what they already indicated was an ongoing discriminatory practice,” Kassutto said in an email. “Our client made multiple complaints, both to the city’s Human Relations Commission and the police department’s Equal Opportunity Office. I’m optimistic the case will be permitted to move forward.”
Salvina declined to comment.
Castro no longer works for the city. In 2011, he pleaded guilty to conspiracy to commit extortion in an unrelated matter and was sentenced to 60 months in prison.