Redmond teen sues UPS Store, claiming harassment
Published 5:00 am Sunday, August 17, 2008
A Redmond teen has sued her former employer for $175,000 saying her boss sexually harassed her and then fired her when she complained.
Jessica Murphy, 19, filed the suit in Deschutes County Circuit Court against The UPS Store in Redmond and its owner, 44-year-old Howard Clark, claiming intentional infliction of emotional distress and citing a hostile work environment while she was employed there.
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“During her employment (Murphy) was subject to a sexually discriminatory and hostile workplace in which she was regularly discriminated against because of her gender,” the complaint states. “Plaintiff found such conduct offensive. The conduct included verbal sexual harassment, and offensive and unwanted physical contact.”
Clark said Thursday that Murphy’s accusations were false and that her anger with him was the result of a dispute over a lamp she wanted him to give her.
“There are a lot of accusations that she made that aren’t true, and I just don’t think it’s right that someone can make an accusation and has all the power in the world,” Clark said.
The complaint states that Murphy worked at Clark’s business for more than a year, from the time she was 17 until she was 18.
The suit says Clark made passes at Murphy during her shifts, kept a picture of her on his desk with the words “I love you Jessica,” written on it and told her “that he would do anything for her.”
Despite telling Clark to stop, Murphy’s complaint says he continued the behavior and bought her gifts, including roses, a birthday cake signed “Love, Howard,” and a graduation card with a heart drawn next to his name.
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Clark denied ever touching Murphy and said she specifically asked him for the gifts he bought her.
“It sounds like something rotten happened when it didn’t,” he said. “I can see easily that the truth has been distorted here.”
Murphy’s suit states that, when she confronted Clark about leering at her in October, she was fired.
“This kind of behavior is unacceptable in society,” said Redmond lawyer Mike Flinn, who represents Murphy. “Trying to take advantage of a young girl when you are an older man managing a much younger woman is egregious.”
The suit alleges that Murphy worked as a manager at the store but, in retaliation for her complaining to Clark, was not paid for her additional managerial duties.
“Defendant’s actions constituted an extraordinary transgression of the bounds of socially tolerable conduct within the employment context,” the complaint says.
Flinn said he plans to file another complaint for wrongful termination in addition to the claims for sexual harassment, retaliation and intentional infliction of emotional distress.
But Clark said he thinks the suit is baseless and is shocked that it was filed in the first place.
“It’s wrong that things have even made it this far from something that was just anger on her part over a lamp,” he said.
The case is scheduled for a pretrial hearing in late October.
Harassment and discrimination law
Under Oregon statute, it is illegal for an employer to discriminate in any way against an individual based on race, religion, color, sex, national origin, marital status or age, if the individual is 18 years of age or older or because of the race, religion, color, sex, national origin, marital status or age of any other person with whom the individual associates.
Federal law prohibit employers and fellow employees from sexually harassing others in the workplace or creating a hostile work environment.