UNITED STATES OF AMERICA,
THE CITY OF BELEN, NEW MEXICO,
Plaintiff, United States of America, alleges:
a. Creating, maintaining, and condoning sexual harassment and a sexually hostile work environment in the Belen Police Department ("BPD").
b. Failing or refusing promptly and effectively to investigate and to take prompt and effective steps to remedy and prevent the conduct described in Paragraph 5(a).
a. Suspending Ms. Piersol from her position as a Sergeant in the BPD on or about February 15, 1996 and terminating her employment from the BPD on or about February 29, 1996 because of her sex and because she assisted in bringing sexual harassment complaints of Lucy Atencio and Genelle Gallegos, females then employed as Dispatchers in the BPD, to the attention of management in or about January 1996; and
b. Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Piersol.
WHEREFORE, plaintiff United States prays that this Court grant the following relief:
a. Enjoin Defendant City of Belen from engaging in discriminatory employment policies and practices against women based on their sex and specifically from:
(1) Subjecting females to sexual harassment and a sexually hostile work environment in the BPD; and
(2) Failing or refusing promptly and effectively to investigate and to take prompt and effective steps to remedy and prevent conduct that constitutes sexual harassment and a sexually hostile work environment against women in the BPD.
b. Enjoin Defendant City of Belen from failing or refusing to provide sufficient remedial relief to the charging party, Terry Piersol, to make her whole for the loss she has suffered as the result of the discrimination against her as alleged in the complaint.
c. Award compensatory damages to Terry Piersol to fully compensate her for injuries caused by the Defendant's discriminatory conduct, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
d. Enjoin Defendant City of Belen from retaliating against employees in the BPD who engage in activities protected by Title VII.
The Plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
BILL LANN LEE
Acting Assistant Attorney General
Civil Rights Division
JOHN J. KELLY
United States Attorney
201 3rd Street, N.W.
Albuquerque, New Mexico 87102
WILLIAM B. FENTON
MICHAEL W. JOHNSON
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968