McHan sues county in sexual harassment suit
By Dwight Otwell

A former employee with the Cherokee County Building Department has filed a civil lawsuit alleging that she was harassed and sexual demands were made of her.

Melissa A. McHan, 29, of Murphy, filed the suit on August 11 in the United States District Court in Bryson City.

McHan alleges in the suit that from April 12, 2002 through early 2005 she was continuously harassed by sexual comments and physically by sexual touching by Cherokee County Building Inspector Silas Allen.

McHan has also named current county commissioners Dana Jones, Ernest Jones and Barbara Vicknair in the suit, claiming that they, after being informed of the harassment, failed to take action.

McHan's attorney, Karen M. Patten, said McHan wants to be reinstated to her former position and receive front and back pay. She is also asking for compensatory and punitive damages. A jury would have to determine a dollar figure on damages, Patten said.

When asked if McHan would go back to work in the building department under Allen, Patten said, "I suspect that situation is untenable."

Patten said her client would probably be willing to discuss a settlement rather than go through the lengthy and expensive court process.

The next step is for the defendants to answer the suit. Patten said she understands that the county will be represented by outside counsel. Scott Lindsay is the county attorney.

County Commissioner Dana Jones said Allen is one of the best department heads the county has. The county conducted an internal investigation of McHan's complaints and the county determined there was no evidence found for any wrong doing, Jones said.

"He (Allen) is still on the job. I don't think he did anything wrong. I think we (commissioners) did all we could do."

In May 2005 the county began an internal investigation involving Allen and two female employees of the building department.

One of the women reportedly involved in the incident was Christine Harris, who was moved to the county manager's office for a time. She eventually resigned. McHan was the other woman. Sexual harassment charges were filed with the U.S. Equal Employment Opportunity Commission (EEOC) against Cherokee County.

McHan said she was pressured to resign because she complained about being sexually harassed.

At that time, Patten said, "She (McHan) contends that her termination was retaliation because of her complaint of sexual harassment."

In her charge of discrimination to the EEOC McHan said that on February 28, 2005 she was constructively discharged from her position of office manager in the building department. During her employment she was sexually harassed, subjected to a hostile work environment and denied equal wages in her position as office manager, she claimed.

"On or about December 1, 2004, when I questioned (Allen) about a wage increase for my position of office manager, he advised me that I had not given him what he wanted. Therefore, he was not giving me what I wanted," McHan wrote.

The EEOC on January 31 of this year concluded that evidence of record supports McHan's allegations that she was subjected to sexual harassment and that she complained but no corrective action was taken. She was denied the title and pay due her for the duties she performed, the EEOC said.

"Therefore, there is reasonable cause to believe that violations of Title VII had occurred with respect to Charging Party's allegations of sexual harassment, denial of appropriate job title and pay and constructive discharge due to the sexually hostile work environment," the EEOC wrote.

EEOC concluded on May 12 of this year that a settlement with the county could not be worked out. The EEOC stated that because of conciliation failure, McHan has the right to sue.

McHan was hired in April 2002 as a permit technician. Between then and March 2003, Allen made daily comments about her buttocks and breasts, the suit alleges.

The suit said Allen made such comments as, "Look how big your breasts are. You can't see them (your breasts) through that shirt. You need to wear lower cut shirts so the contractors and us boys will have something to look at."

On a daily basis, Allen used vulgar and foul language that was inappropriate in the workplace, the suit alleges.

In March 2003 McHan's husband died and the harassment from Allen intensified and began to include physical contact, the suit alleges. Allen put his hands on her buttocks, breasts, stomach and rubbed his body against her in a sexually suggestive manner, the suit states.

In July 2004, as McHan left the office for lunch, Allen offered her a "nooner", the suit alleges. She stated that she wasn't interested and she then complained to three department

heads about Allen's harassing conduct but no action was taken, the suit states.

Beginning in January 2004 McHan performed all the office manager duties done by the previous office manager. She did this until her discharge on or about February 28, 2005, she states. But she never received a promotion or a raise.

In February 2005, McHan complained to then County Manager and Commissioner Ernest Jones about Allen's harassment and sexual demands, the suit states. Jones told her that "Allen's sexual demands were "Just an old man's way of flirting", the suit states.

"When it became apparent that no department head, no commissioner nor the county manager would take any steps to protect her from Allen's harassment and sexual demands, (McHan) was forced to resign her position," the suit states.

McHan charged that the defendant engaged in intentional gender discrimination in violation of Title VII by constructively discharging her from her employment. She also stated that Cherokee County has engaged in unlawful retaliation in violation of Title VII by subjecting her to conditions so severe that no reasonable individual could be expected to endure them thereby constructively terminating her employment.

She alleged that the county's act of paying individuals of different genders different wages for performing duties that require equal skill, effort and responsibility and which are performed under similar circumstances violates the Equal Pay act.

Allen did not return phone calls.