Beverly Hills, CA (PRWEB) June 21, 2005
A decision was reached in the complaint of discrimination filed by former Customs and Border Protection Officer Julia Davis against the Department of Homeland Security (EEOC No. 340-04-00317X). The Honorable Administrative Judge Daniel Leach presided in the hearing held in San Diego, CA earlier this year and has found that Julia Davis was subjected to sexual harassment by the Agency's Senior Supervisor; that she both properly and timely used Agency procedures to complain about the harassment; and that the agency failed to undertake reasonable efforts to investigate and to remedy the unlawful conduct to which she was subjected.
Judge Leach ruled that the Agency failed to protect Davis from her Supervisor's sexual harassment, stalking, sexual battery and offered no remedial action to correct the situation. Moreover, the Judge determined that the Agency failed to request an investigation by the Office of Inspector General in contravention to the AgencyÂs own laws and regulations.
According to the Judge's decision, Department of Homeland Security/ Bureau of Customs and Border Protection high ranking managers not only failed to protect Davis from her Supervisor's illegal conduct but also attempted to prevent Davis from obtaining a restraining order against Supervisor Kevin Crusilla. High level manager Orlando Chambers, with the knowledge of San Ysidro, CA Deputy Port Director Sally Carrillo, used official agency stationery and submitted a written endorsement of the harasser's moral characteristics in order to convince the Judge in the state proceedings not to restrain him from harassing Davis.
In spite of such interference by high ranking Agency officials, the injunction prohibiting harassment was issued by the Superior Court in favor of Davis. The California Superior court found sufficient evidence on which to conclude that Davis had been victimized by the ongoing and egregious harassment of Agency Supervisor.
As stated in the ruling, eleven month after Davis reported sexual harassment, stalking and sexual battery to her superiors, the Office of Inspector General completed its investigation and concluded that Davis had been subjected to sexual harassment. The harasser refused to meet with the OIG Investigator, went AWOL and was allowed by the high ranking Agency officials Bruce Ward, Oscar Preciado and Adele Fasano to retire with impunity.
The Judge ruled that Davis was compelled to resign from her position in the face of ongoing harassment and the repeated failures by the Agency to take any action to investigate, much less to remedy the situation. To make matters worse, management officials intervened in DavisÂs civil action in order to oppose the court order to enjoin the harasser's illicit actions.
The Judge found the harasser's inappropriate conduct and the Agency's complicity so objectively offensive as to alter the conditions of Davis' employment. The Judge ruled that given the nature and depth of Agency's betrayal of Davis, no reasonable person could have continued working in such an employment environment.
Davis has a pending appeal before the Merit Systems Protection Board to be reinstated in her job. EEOC Judge Leach stated, "While complainant's termination is not before me, I find that based on the record in the case, complainant has established not only that the Agency engaged in illegal conduct, but also that the conduct was intolerable to a reasonable person because it was especially humiliating and included unnecessary harassment. Secondly, I find that complainant's resignation was caused by, or in response to, the illegal treatment."
US Senators Dianne Feinstein, Barbara Boxer, Congresswomen Susan Davis and Mary Bono are monitoring the events, pending future official inquiries. The Judge's decision reads in part: "Â in the course of the hearing it became apparent that the staff of the agency was unfamiliar with appropriate standards of conduct applicable to workplaces comprised of males and femalesÂ I found that there exists at this facility a culture which trivializes and minimizes the appropriate status and position of females."
Davis holds a Masters degree in Aviation and Spacecraft Engineering and fluently speaks multiple languages. Davis also worked as Academy Award winner Angelina JolieÂs stunt double in the feature film "Playing God" during her employment in the film industry, which preceded her federal law enforcement position. Davis stated: "This ruling is a major cornerstone in protecting equal opportunity and civil rights of all female employees."
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