Sexual Harassment Accusation Against Top Law Enforcement Official
A sexual harassment, retaliation and hostile work environment complaint was filed with the Equal Employment Opportunity Commision ("EEOC") and Texas Workforce Commission ("TWC") against Bill Fitzgerald the boss of Michelle Garza, a probation officer. The Illinois Department of Human Rights serves the same function as the TWC.
Prior to filing her sexual harassment complaint, Garza had been with the probation department for nearly 20 years. In her sexual harassment complaint she claims to be an excellent employee but was recently written up for official misconduct. In her write-up she's accused of speaking too loudly on the phone with her ex-husband and she believes the write-up was done in retaliation for filing complaints of sexual discrimination.
According to the complaint while a group of co-workers were out at a local restaurant,Chris Madrid's, Fitzgerald commented on Garza's open toe sandals, began rubbing her feet and made inappropriate comments like "you know what I like even better than breasts? Feet." He also allegedly said that short pretty hispanic women like Garza turn him on. Garza claims the comments and actions of Fitzgerald left her in fear and stressed out. This is the basis for her hostile work environment claim.
Garza is seeking $200,000 in damages and continues to work as a probation officer although she is close to meeting the requirements for retirement.
Under federal law, Title VII of the Civil Rights Act of 1964(Title VII), retaliation occurs when an employee is fired or has his/her terms and conditions of work changed as a result of making a formal complaint of discrimination. Title VII also protects those individuals who testify, assist or participate in an investigation of illegal activity or those who oppose unlawful employment practices
Under the Civil Rights Act of 1991, 42 U.S.C. ยง 1981a. statutory caps on damages due to sexual harassment claims are imposed for both compensatory and punitive damages. The combined damage caps are based on the number of employees an employer has working for it. For employers who have 201 to 500 workers: $200,000 is the statutory cap, which is the amount Garza is asking for in damages.
