A New Castle, Delaware man’s quest for vindication in federal court as an alleged survivor of workplace same-sex harassment has ended with an unfavorable appellate ruling.
In October 2021, “John Doe” filed a federal lawsuit against New Castle County in Delaware and two former co-workers, alleging pervasive sexual harassment and unsafe working conditions.
Doe worked at the county’s public works department as a “trades helper” from October 2019 to July 2020.
According to his 22-page lawsuit, Doe was subjected to workplace physical and verbal abuse of a sexual nature that got so bad, he had to file a police report.
For example, the first co-worker to allegedly harass Doe knew of his affinity for firefighting and repeatedly made references to “firehouse fags” or “firehouse faggots,” while in Doe’s presence, according to Doe’s lawsuit.
In December 2019, Doe was transferred to another work area but his problems only worsened.
His new co-worker allegedly desired Doe sexually and subjected him to numerous sexual overtures, according to Doe’s lawsuit.
Some of the incidents occurred in a New Castle County work vehicle. The co-worker caressed Doe’s arm on one occasion. Another time, the co-worker grabbed Doe’s chest. The unwanted touching became more pronounced as time went on, according to Doe’s lawsuit.
On one occasion, the co-worker brought a dead bobcat to work and held it in front of his crotch, urging Doe and others to “look at my pussy,” according to Doe’s lawsuit.
On at least six occasions, the co-worker asked Doe if his wife’s vaginal opening was slanted, because she is Asian, according to the lawsuit.
On multiple occasions, the co-worker told Doe: “I want to stick my dick in your ass and cum all over your face,” according to Doe’s lawsuit.
Doe’s lawsuit describes a particularly traumatizing experience with the co-worker.
“On Jan. 14, 2020, [the co-worker] and Doe were offsite at
a pump station off of Marsh Road,” the lawsuit stated. “On that date, Doe was doing pushups, part of his regular workout routine, on his lunch break when [the co-worker] walked around the truck and put his foot on Doe’s back. He then climbed on top of Doe’s back and put his erect penis on Doe’s butt. Despite the fear created by this situation, Doe was forced to return in the truck with [the co-worker] at the end of the day. Silent because he needed the job, he again said nothing.”
In the last week, Doe was on the job with the co-worker, the co-worker repeatedly said he wanted to have anal sex with Doe and to ejaculate on his face.
Doe filed a police report with the New Castle County Police Department but the matter was referred to the New Castle County Department of Human Resources, which didn’t provide adequate assistance for Doe, according to Doe’s lawsuit.
“At this time, Doe knew he had had enough,” the lawsuit stated. “He was humiliated and concerned about his safety. Doe thought of his son, who is serving in the Army, and thought how embarrassing it would be if his son knew he was putting up with this. Doe realized the job was not going to work.”
After being placed on a medical leave of absence for post-traumatic stress disorder and anxiety related to his job, Doe’s physician recommended that he resign his employment on July 7, 2020.
“John Doe was subject to working conditions so intolerable that a reasonable person would have felt compelled to resign,” the lawsuit asserted.
On Sept. 25, 2020, Doe filed a discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC), citing a litany of alleged wrongdoing at his former workplace.
A year later, after a lengthy review, the EEOC gave Doe permission to sue in federal court, which he did on Oct. 14, 2021.
Doe’s lawsuit alleged federal and state violations, including a hostile work environment; sexual harassment; retaliation; failure to accommodate Doe’s trauma by transferring him away from his harasser; discrimination due to his perceived sexual orientation; and constructive discharge.
Doe sought an unspecified amount in damages and payment for his attorneys’ fees and costs.
In defense papers, attorneys for New Castle County asked to have Doe’s case dismissed, citing insufficient facts to support Doe’s allegations and Doe’s alleged failure to utilize the county’s complaint procedure for reporting sexual harassment.
In November 2023, Doe’s case was dismissed by U.S. District Judge Richard G. Andrews and the dismissal was upheld by the Third Circuit Court of Appeals in November 2024.
However, Andrews said that Doe could file a complaint in state court as a “whistleblower,” since a state law in Delaware protects whistleblowers from adverse employment actions.
Doe’s attorneys declined to comment about the case for this story. A spokesperson for New Castle County couldn’t be reached for comment.