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American Legion Post 12 v. Susa11/30/2005
the Mama, I will not accept the Guinea." (Tr. 1 at 125-26.) Following that incident, Ms. Pacheco recalled that only one person continued to refer to her in a derogatory fashion by calling her, and her daughter, the "Mama Daughter Guinea Act." (Tr. 1 at 126.) Ms. Pacheco testified that she complained to the manager, Ms. Potter, about the offensive name calling and that she was informed Mr. Kettelle would be notified. (Tr. 1 at 127.)
In addition to the offensive name calling, both women testified that they were subject to incidents of sexual harassment while working at the Legion. Ms. Cote testified that on one occasion a patron, who was sitting at the bar with a member of the Legion's Board of Governors (the "Board"), asked to see a partially visible tattoo that she has on her left breast. (Tr. 1 at 38.) She stated that when she obliged, the man reached over, put his hand down her shirt, grabbed her breast and said "there's nothing there anyway." Id. Ms. Cote testified that she reported the incident to Mr. Kettelle, and he took immediate action by suspending the offender for 30 days. (Tr. 1 at 40.)
Despite the 30 day suspension, Ms. Cote saw the offender back in the building within two weeks. (Tr. 1 at 42). She testified that on a number of occasions, a member of the Board helped to sneak the man in through the back door of the building. (Tr. 1 at 41-42.) She indicated that she notified Mr. Kettelle, but no action was taken. (Tr. 1 at 42.)
Ms. Pacheco testified about a disturbing experience she had with the same man who grabbed her daughter's breast. According to Ms. Pacheco, during the period of time the man was supposed to be suspended from the building, he entered through the front door claiming that he had permission to be there from a member of the Board. (Tr. 1 at 129.) Later on during her shift, after just serving a drink, the man, standing behind the end of the bar with his genitals fully exposed, stated "look over here, what I have for you." (Tr. 1 at 134.) Ms. Pacheco testified that she immediately got so upset that she began to cry. (Tr. 1 at 136.) She then told Ms. Potter about the incident and indicated that she wanted to call the police. (Tr. 1 at 138). Ms. Potter responded, "[Mr. Kettelle] doesn't like any trouble up there with police so they would have to handle it themselves." Id. Upon learning of the incident, Legion management proceeded to ban the offender for life. (Tr. 1 at 138.)
Both women also described incidents when they were licked on the arm by another individual who frequently patronized the bar. Ms. Cote testified that she interpreted the licking as a sexual gesture and, although she told Mr. Kettelle, the man was never disciplined. (Tr. 1 at 51-53.) Ms. Pacheco recounted, "I got his beer and I put it across there and he licked my arm and said he was licking the sweat off my body, off my arm and then he went, 'Hum, salty.'" (Tr. 1 at 142.) She testified that she felt belittled and, despite discussing the incident with Ms. Potter, no corrective action was taken. (Tr. 1 at 144, 147.)
Ms. Pacheco also discussed another occasion when, after she got a straw for a customer, he made another lewd remark, which this court will not restate. (Tr. 1 at 146.) She stated that she reported the incident to Ms. Potter, but no disciplinary measures were taken. (Tr. 1 at 147.)
Both women testified that they were surprised by their respective terminations in early December of 1999. According to Ms. Pacheco, she had been told by Mr. Kettelle as recently as that October that her position at the Legion was not in jeopardy. (Tr. 1 at 149.) She stated that she was not aware of any incidents that occurred that could have negatively affecte
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