Sacramento Bee Article: http://www.sacbee.com/2011/07/17/3774479/state-to-pay-750000-in-sex-and.html
DAVID THORNTON......California's Caligula!
Superior Court of California - Sacramento - CASE # 05AS03244
"Plaintiff’s: Elizabeth L. Schlie (Senior Investigator with the Medical Board of California (MBC) Probation Unit) and Tony D. Tobin (Investigator Assistant with the Medical Board of California (MBC) Probation Unit)
Defendants: Medical Board of California (MBC), Department of Consumer Affairs, and Individuals David Thornton (Executive Officer of the MBC, previously he was Chief of Enforcement at the MBC), Ron Joseph, Denise Brown, Mike Gomez, Jerry Smith and DOES 1 through 10.
FIRST AMENDED COMPLAINT FOR DAMAGES
1. Discrimination and Harassment based on Sex and Race in Violation of Government Code section 12940 et seq.
2. Failure to Prevent Sexual and Racial Discrimination and Harassment in violation of Government Code section 12940 et seq.
3. Retaliation for Reporting Discrimination and Harassment based on Sex and Race in Violation of Government Code section 12940 et seq.
4. Discrimination in Violation of Right to Privacy and Marital Status
5. Retaliation for Identification as Potential Witnesses to Improper Government Activities in Violation of Labor Code section 1102.5 and Penal Code section 136.1."
NATURE OF THE ACTION
"This action arises out of Defendants' discrimination, harassment and retaliation against Plaintiffs Schlie and Tobin for reporting racial discrimination and harassment and sexual discrimination and harassment by their supervisors. Plaintiff Schlie also personally suffered discrimination and harassment based upon her sex. Plaintiff Tobin suffered discrimination and harassment because of his race and sex. Both Plaintiffs Schlie and Tobin were thereafter named as subjects in a sham "Internal Affairs" investigation opened specifically to silence them and to prevent their testimony in a pending civil action by a fellow investigator. Plaintiff Tobin was subsequently denied a promotion to Investigator because of undisclosed "evidence" purportedly found during his background investigation. Plaintiffs seek judgment against Defendants for compensatory damages, penalties, costs of suit, interest, and attorney fees. Plaintiffs also seek punitive damages against the individually-named Defendants."
Some information from Court Documents:
"In March 1999, Curry (Victoria Curry : MBC Staff Services Analyst....now married to David Thornton and goes by Victoria Thornton, Enforcement Monitor) told Schlie that she was having an extra-marital affair with then-Supervising Investigator II Dave Thornton. Curry told Schlie that Thornton would visit her workplace at the end of the work day, and that she and Thornton would have sex on Schlie's desk and/or in Schlie's office. Curry would call Schlie before Thornton's visits to make sure that Schlie wouldn't come into the office after hours."
"In May 1999, Dave Thornton transferred Curry to his office, and subsequently promoted her to an Associate Government Programs Analyst (AGPA)."
"Smith took pleasure in telling Schlie that Thornton couldn't "get it up" without Viagra, and that Thornton probably has "gray pubic hairs"."
Smith is being accused of making racist remarks about Asians, making derogatory sexual remarks and racist slurs to other employees.
"Smith referred to MBC Deputy Chief Renee Threadgill, who is Smith's superior and is African American, as "Aunt Jemima."
"Smith was well known by MBC employees, in particular, because he had an extra-marital affair with and subsequently married the wife of Smith's supervisor, Ron Kramer. About this same time MBC's Enforcement Division became rattled by highly-publicized allegations of investigator wrongdoing."
"Upon Smith's return to MBC, he needed to successfully pass a new background investigation. Smith advised Plaintiff Schlie and others at MBC that allegations of wrongdoing, including purported criminal misuse of the CLETS system, were complicating and delaying his background clearance. On or about December 2000, Smith bragged to Schlie that his background check was cleared. Smith laughed that his lawer negotiated a "deal" regarding the CLETS violation."
"Schlie became fearful of Smith, and realized that Smith's reputation for flashes of anger and overt retaliation was probably valid."
"Thornton told Schlie "Don't talk about this, it makes the agency look bad.""
"Investigator Vanderveen filed a complaint against Smith asserting that he viewed pornography on his office computer."
"Tobin was reluctant to participate because of his own concerns about Smith's mental stability and the breaches of the confidentiality promised to employees who have complained about Smith in the past."
"Thornton observed Tobin attempting to help Vicki Curry adjust her desk chair. Later, Curry told Schlie, Thornton became angry and asked her if she was attracted to Tobin. Curry told him "No, he's Beth's boyfriend!" Thornton asked Curry if she would be attracted to Tobin if he weren't Beth's boyfriend. Curry told Thornton he was being "ridiculous.""
"During the meeting, regarding Smith's treatment of Le, Thornton said "Sometimes that's the problem: they're too smart." Schlie understood this comment to be in reference to Asian people."
"Schlie called EEO Investigator Tarango and reported the increasingly hostile environment in the MBC Probation Unit, her fear for her personal safety because of Smith's known temper blowups, and Smith's ongoing misrepresentations about her to other MBC employees."
"The DCA Division of Investigation opened a sham internal affairs ("IA") investigation on Schlie, Tobin, Vanderveen and DOI Investigator Chris Wilkinson. The IA was requested by MBC Executive Officer Joseph and approved by DCA Deputy Director Denise Brown."
"...to protest the IA investigation and to assert that it constituted blatant harassment and witness tampering..."
"...Wilkinson's lawsuit for retaliation after he reported illegal shredding of subpoenaed documents by DOI investigators who reported to Supervising Investigatior Smith."
"...DOI was harassing and retaliating against Schlie, Tobin, and Vanderveen because they might be called as witnesses to testify about thier work experiences with Jerry Smith...any attempt to dissuade a witness from attending or giving testimony at any proceedings is subject to criminal sanctions."
"Tobin received a letter from Thornton rejecting him from the Investigator position based on Tobin's "background investigation.""
"Tobin wrote Thornton and requested a copy of his background investigation. Tobin's request has been repeatedly denied, to date."
"...inappropriate sexual remarks...remarks about Thornton and his physical endowments and sexual capabilities."
"...he told Schlie that Threadgill will have to get used to having "a little white boy" report to her."
"Later, Schlie learns that Thornton did not arrange the promised terms and conditions."
"Plaintiff Schlie believes and thereon alleges that her sex was a factor in Thornton's refusal to discipline her male supervisor, Defendant Smith, for his blatant physical and employment threats, and his sexual harassment; Thornton's refusal to re-evaluate Schlie's job performance despite evidence that the poor review was retaliatory; Thornton's denial of Schlie's transfer request for reassignment and subsequent false promises to induce her agreement and transfer to the Fresno office; and Thornton's failure to remove Smith as a Supervising Investigator because of his conduct. These acts combined with the management's overall discriminatory attitude displayed by condoning discriminatory and harassing sexual banter, by ignoring employee complaints, and then retaliating against those who do complain, have resulted in an atmosphere of oppression wherein Schlie has suffered discrimination."
"The above-referenced conduct of Defendants was willful, malicious, and outrageous and in conscious disregard of Plaintiffs Schlie's and Tobin's rights under the California Fair Employment and Housing Act. Plaintiffs therefore seek for the sake of example and by way of punishing the individually named Defendants, punitive damages in an amount according to proof."
"Government investigations against state employees, especially in the absence of any facts or probable cause of wrongdoing, constitute intentional and malicious misuse of government power and authority. In cases involving peace officers, such abuse of investigative powers is especially coercive and improper because of the significant stigma that attaches to any IA investigation in a peace officer's employement history."
Tuesday, July 19, 2011
Sacramento Bee: State to pay $750,000 in sex and race harassment case at Medical Board
Sacramento Bee Article: http://www.sacbee.com/2011/07/17/3774479/state-to-pay-750000-in-sex-and.html
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