3 former Pasco water plant workers claim they were sexually harassed. They are suing

Three former Pasco public works employees are suing the city claiming it didn’t protect them from a pattern of sexual harassment by a co-worker.

Instead, the men ages 40 to 42 said city officials punished them while their tormentor didn’t face any backlash for his actions and they were forced to quit their jobs last year.

They claim the male co-worker grabbed or slapped their butts and made inappropriate comments.

And their attorney George Trejo says that instead of punishing the co-worker, the city created a situation that made it too hostile to stay, effectively firing them.

In addition, they allege the city discriminated against them because of their race and violated the terms of their contract.

The men filed a claim with the city in May asking for $1.5 million and attorneys fees. After not getting the issue resolved, they filed suit in Franklin County Superior Court.

They are asking for lost wages, attorney’s fees and other damages allowed by law.

The lawsuit says the situation left the men with “extreme grief, anxiety, depression and other forms of pain and suffering, as well as potential economic loss because of a hostile work environment.”

City Manager Dave Zabell previously said city officials have investigated the claims and taken action. He didn’t say what that included or if the co-worker still works for Pasco.

“The city is prepared to defend the public’s interest in this matter, but does not comment specifically on matters under litigation,” he told the Herald.

Longtime employees

Two of the three employees had worked for Pasco for more than 15 years, and the third started four years before the problems started, the suit says.

The three men described similar incidents involving their colleague at the water plant.

Trejo said the assaults left them “shocked,” “embarrassed” and “made them feel violated and molested.”

One of the men went to his supervisor, Dave Deschane, and complained about the behavior, according to the lawsuit. 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.

Deschane brought the initial complaints to his boss Tom Holmes.

Holmes told the accused co-worker that unprofessional behavior wouldn’t be tolerated, and the man responded that he was “just joking around and that everyone did it,” according to the complaint.

Trejo alleged that Holmes didn’t ask for the men’s names, but felt the matter was dealt with.

The next day, Holmes reported the complaint to his boss, John Millan, the deputy public works director. Millan didn’t ask for any details, but told Holmes to “make it stop.”

None of the people in charge investigated further or followed up, and the co-worker’s behavior didn’t change, says the suit.

“The plaintiffs believed that as male Latino employees, their complaints were not given appropriate attention, and they could see that no action was being taken against their assailant, a while male,” the lawsuit said.

Second investigation

In February 2021 when department employees watched a sexual harassment training video and Millan, the deputy public works director, was present. One of the men said he and others had suffered “far worse.”

He asked Millan and Holmes why the other co-worker had never been disciplined, and pointed out that the conduct was continuing.

Holmes said he believed that the problem had been resolved by Deschane.

The statements triggered another investigation. Trejo said during that investigation, one victim was required to stay home during regular work hours and couldn’t even leave his house for lunch.

“He was unhappy that as the victim, he was being treated like the wrongdoer,” according to the complaint.

The city wrapped up its investigation in March 2021 with a letter saying that the co-worker “should behave in the future.”

“Because it was apparent to the plaintiffs that the city of Pasco would not take appropriate remedial action against (the co-worker), a less senior white employee, over conduct that would have resulted in immediate termination in almost all other employment settings, they felt that they could not continue to work in what was to them a hostile work environment,” Trejo said in the lawsuit.