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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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