A civil action lawsuit alleging sexual harassment was filed
Monday against the City of Hollister and Robert Ornelas, Recreation
Services manager.
The lawsuit was filed by local attorney William Marder on behalf
of six women. It accuses Ornelas of sexual harassment and civil
rights violations, and the city of not taking action to stop the
harassment.
A civil action lawsuit alleging sexual harassment was filed Monday against the City of Hollister and Robert Ornelas, Recreation Services manager.
The lawsuit was filed by local attorney William Marder on behalf of six women. It accuses Ornelas of sexual harassment and civil rights violations, and the city of not taking action to stop the harassment.
“They didn’t want to sue. They’ve been trying like crazy to get the city to fix this on their own,” Marder said Tuesday.
Although most of the information contained in the lawsuit is limited to 2003, complaints have been filed before then and some of the women contend the behavior has been ongoing.
“I have not seen the lawsuit and if the city has been served, I am not aware of it,” said City Attorney Elaine Cass on Tuesday. “I am aware that a lawsuit has been filed, but I do not know who the plaintiffs are, or the nature of the allegations and any other specifics.”
Ornelas said Tuesday evening: “I’m not aware of what’s going on, so I really can’t comment.”
The women named in the suit work or have worked within the Hollister Recreation Division: Stephanie Beltran, office assistant; Lisa Borges, senior support services assistant; Christina Castillo, a youth program coordinator at one time; Jerrisue Wasson, the Veterans Building facilitator at one time; Jeannette Miller, an independent contractor; and a 17-year-old independent contractor whose name is being withheld because of her age.
The alleged behavior varies from groping, leering, kissing, touching body parts, sexually suggestive language, preferential treatment and threats toward job security, according to the lawsuit. The suit is seeking monetary damages.
“Sexual harassment is conditions in the workplace that are either severe or pervasive,” Marder said. “There’s a reasonable woman’s standard that if any reasonable woman wouldn’t like it, the jury would assume the person complained.”
The violation of constitutional rights falls under the 14th Amendment, that a person cannot pick on one group over another, Marder said.
In the lawsuit, specific incidents of alleged harassment are cited, including: An employee gathering at a local bar in October 2000 where Ornelas allegedly tried to force Borges to drink with him and then broke a bottle in her hands, causing minor cuts on her hand and legs; a department holiday dinner in December 2000 where Borges alleges Ornelas leered at and made comments about her breasts after he forced her to dance with him; Ornelas allegedly hugged and grinded his pelvis into the 17-year-old in the spring of 2003; and an alleged conversation that included vulgar and graphic depiction of sex in May 2003 in the presence of Wasson.
During the past couple years, the city and the California Department of Fair Employment and Housing completed separate investigations into complaints.
In July 2002, Borges filed a complaint about Ornelas’ behavior. Clay Lee, director of Management Services, responded in December 2002 saying, “The city has completed its investigation into your complaint. It has been determined that Mr. Ornelas’ conduct was inappropriate and unprofessional and in violation of city policy. Appropriate corrective action has been taken.”
Lee also noted, “The evidence does not support a finding of sexual harassment or hostile work environment, as defined by city policy, and state and federal law.”
Borges and Marder said they feel Ornelas’ behavior is inexcusable – especially since his salary is paid by taxpayer money.
Borges said she did not want to go as far as a lawsuit.
“My life will never be the same,” she said.
While the lawsuit is very public, Borges and Marder contend the women tried every way to solve the issue through the appropriate channels and procedures.
“It’s not like these people come here because it’s fun,” Marder said. “After the (alleged) groping incident with the 17-year-old came out, I think it has to get to the point where (the women) couldn’t sleep at night knowing he can do this to someone else.
“The city just won’t do anything until someone sues. They didn’t stop him, they didn’t fire him, they didn’t even monitor his behavior. Unfortunately, this is the only means we have of correcting the behavior,” he added.
“The city’s behavior in all this is every bit as bad because they knew better. Instead of doing anything to protect women, they’re doing everything to protect the predator,” Marder said.
The city has 30 days to respond in writing to the suit, Marder said.
