3 former Pasco water plant workers claim they were sexually harassed. They want $1.5M

Three former Pasco public works employees are claiming the city didn’t do enough to stop a pattern of sexual harassment by a co-worker.

They have filed a $1.5 million claim with the city and are also demanding legal fees.

The men ages 40 to 42 say they were forced to quit their jobs last year after city officials failed to properly discipline their co-worker.

They allege in public documents that a male co-worker grabbed or slapped their butts and made inappropriate comments.

Their attorney George Trejo told the Herald that when the city didn’t discipline the co-worker, it became too uncomfortable for the three heavy equipment operators to stay working for Pasco.

“One of the pervasive elements in this case is that several city of Pasco officials were involved at critical periods,” Trejo wrote in the claim. “Yet none of them took the allegations seriously.”

One direct manager later told investigators that he felt bad because the accused co-worker was upset about the accusations.

Trejo wrote in the claim that the three water plant workers were “embarrassed, humiliated, violated, and they have indicated, they felt molested by the sexual assault.”

The men did not report the incidents to police, according to the claim.

The employees also allege that they needed to raise the issue twice before city officials reacted. And, even then, they felt they were being retaliated against. They were forced to stay home for about two weeks with pay but they could not leave their homes between 7 a.m. and 3:30 p.m., said the claim.

The former employees are asking for the city’s insurance provider to pay each of them $500,000 for effectively putting them in a position where they had to quit.

Under Washington state law, the city and its insurance company have 60 days to respond to the claim before a formal lawsuit can be filed.

Trejo told the Herald that the lawsuit could cost the city nearly double the $500,000 for each of the men.

City Manager Dave Zabell told the Herald the city doesn’t comment on possible litigation.

He said city officials have investigated the claim and taken action but he could not confirm what action was taken or if the co-worker still works for Pasco. The Herald plans to request that information under open public records laws.

He noted that the city regularly trains employees to prevent sexual harassment and has rules in place to address misconduct.

Claim allegations

The three men described similar incidents involving the colleague while they worked at the water plant.

They claimed the co-worker would come up behind them and grab or slap their butts. At least two of the men said they told him to stop.

He also allegedly whispered in one of the men’s ears, “Hi Papi,” which the man interpreted as a sexual comment.

One man who worked for the city for 15 years went to his supervisor, Dave Deschane, and complained about the behavior, according to the claim. Deschane responded that he would talk to the other worker.

The other two men also complained about the co-worker’s behavior after telling him to stop.

According to the claim, Deschane brought the initial complaints to his boss Tom Holmes.

Holmes told the accused co-worker that unprofessional behavior won’t be tolerated, and the man responded that he “was just joking around and that everyone jokes around,” said the claim.

The claim alleges the workers never learned whether anything resulted from their complaints, but that the incidents didn’t stop.

The three workers who filed the claim allegedly began sharing information and their frustration among themselves.

Then in February 2021, the workers were required to watch a video about workplace harassment with other employees and supervisors.

“(One of the men) complained that they were being shown this harassment video, yet similar, way worse, misconduct was being ignored,” according to the claim.

One person at the meeting was Deputy Public Works Director John Millan. One of the men spoke to him following the meeting, which sparked an investigation and a letter to the co-worker “telling him to behave,” said the claim.

During that investigation, the three workers were told to stay at home for a two-week period and were not allowed to leave during work hours, even on a lunch break.

“The claimants properly felt that they were being retaliated against by the city of Pasco for voicing their complaints of continuing, serious sexual harassment,” Trejo wrote.

The city investigation allegedly led to a March 3, 2021, letter to the co-worker telling him to stop the conduct that led to the complaints, according to the claim.

The letter was not enough for the men, and they felt like their claims had been ignored, so they resigned.

Trejo said the actions add up to being put into a position where they would be forced to resign or continue working with the man who was harassing them.

This story was originally published June 13, 2022 at 12:56 PM.