• 27
  • September
    2010

Ellen was the public affairs spokeswoman for St. Louis County in 2007 when the County Commissioner admitted to sexually harassing her. Although the Commissioner admitted his actions, the county did not take any action to rectify the situation.

In 2009, Ellen filed a lawsuit against the county for the harassment and subsequent wrongful termination. Her lawsuit says that St. Louis County was responsible for breach of contract, defamation and emotional distress caused by the sexual harassment she suffered.

Ellen's lawsuit points out that the sexual harassment she suffered went on for years, and the county did not act on her report. In fact, she argues that she lost her job in retaliation for reporting the harassment.

This week a federal district court judge dismissed the case. The problem lies in one of Ellen's claims. She argued that the county's actions violated the federal Family Medical Leave Act. That is why the county's attorney was able to have the case heard in federal court instead of Minnesota courts.

The judge ruled that FMLA does not apply in this situation for various reasons, saying that "she has not suffered any damages cognizable under FMLA." FMLA only applies for certain periods of employment. The judge announced that Ellen's claims did not fall into that time period. However, the judge did not rule on whether or not Ellen suffered sexual harassment.

In this situation, even though the County Commissioner admitted to violating Ellen's rights, her case was dismissed because she was not entitled to compensation under FMLA. The case was heard in a different court because FMLA was included in her lawsuit, and that was ultimately the reason it was dismissed. Ellen can, however, appeal the decision to a higher court.

Source: Duluth News Tribune, "Judge nixes harassment suit against St. Louis County," John Myers, 22 Sept 2010