Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit

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The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.

Connie J. Orton-Bell, who worked at Pendleton Correctional Facility for two years, began an affair with Major Joe Ditmer, a 25-year veteran of the DOC who was in charge of custody at the facility. They had sexual intercourse in Ditmer’s office and off-site. Officials suspected the two were having an affair and began an investigation. At this time, officials also were investigating Orton-Bell’s claim that she and another young female employee’s desks appeared to have been used at night. The investigation revealed that night staff would have sex on their desks. DOC officials told Orton-Bell that they didn’t care as long as staff wasn’t having sex with inmates and that she should wash down the desk every morning.

After Orton-Bell and Ditmer admitted to having an affair, they were both terminated, but Ditmer was allowed to resign, keep his benefits and be hired as a contractor and continue working at the facility. Orton-Bell was not given the same type of agreement and had difficulty obtaining unemployment benefits.

She sued, alleging sex-discrimination, hostile work environment and a retaliation claim based on her complaint about staff using her desk for sex. Her hostile work environment claim was based on explicit sexual comments male staffers directed toward her, and that she and other female employees would be patted down for longer periods of time in front of male staffers as they ogled and made sexual comments.

The state moved for summary judgment on her claims, which the District Court granted. But the 7th Circuit reversed on her sex-discrimination and hostile work environment claims. The judges found that the unending barrage of sexual comments made toward her supported her hostile work claim, but there is no evidence that staff used her desk at night because she was a woman.

“The conduct was disgusting, but that night-shift employees were using a conveniently private, secure yet accessible office for sex does not indicate that they were doing so because the office’s daytime occupant was a woman,” Judge Daniel Manion wrote.

The 7th Circuit affirmed regarding her retaliation claim for the same reason, noting she failed to establish that she had engaged in a protected activity.

The judges found that Ditmer could be considered a similarly situated employee as Orton-Bell and that he received more favorable treatment after their affair was discovered by officials.

“Firing the Major in Charge of Custody for an affair which compromised his ability to lead (especially given his repeated past violations of the conduct code) makes sense,” Manion wrote. “But letting him resign and retain the ability to keep working (with all attendant benefits) while firing the female counselor with whom he had an affair is suspect.”

The case, Connie J. Orton-Bell v. State of Indiana, 13-1235, is remanded for further proceedings.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.