2 min read

AUBURN — A judge dismissed two of three claims in a complaint lodged by a former jail worker against Androscoggin County.

A third claim still stands.

Lisa Levesque’s lawsuit will move forward after the split decision, Androscoggin County Superior Court Justice MaryGay Kennedy ordered Monday.

She dismissed by summary judgment two of Levesque’s claims: gender discrimination and constructive discharge, or coerced resignation.

The surviving claim is that Levesque was the target of retaliation for opposing the proposed transfer to a day shift of a supervising officer who had been accused of sexual harassment and whom Levesque had implicated during an internal investigation by writing a lengthy testimonial statement.

Levesque “asserts that her opposition to the (Sgt. Kevin) Harmon transfer and subsequent complaints that she was the target of retaliation constitute protected activity under the Maine Human Rights Act,” Kennedy wrote in her recent order.

Advertisement

“The defendant maintains that because the proposed Harmon transfer would not have been a violation of the Maine Human Rights Act, Levesque’s opposition to such an administrative decision was not a protected activity,” Kennedy wrote.

Levesque had written that she had been “subjected to years of harassment under Sgt. Harmon which have caused me great stress,” Kennedy wrote in her order. Plus, in 2009, Levesque “sent a written rebuttal to Sheriff (Guy) Desjardins in which she specifically asked if she was being targeted because she was female, accused the administration of gender discrimination and explained that she felt she was retaliated against for her opposition to the Harmon transfer.”

Those communications to Desjardins were “protected activity,” Kennedy wrote in her order, “regardless of whether the employer’s underlying activity actually violated the Maine Human Rights Act.”

Levesque, who filed her lawsuit last year, said she suffered an anxiety attack when she learned that Harmon was going to be transferred back to days from his night shift. She had worked for him at the jail before, along with former corrections officer Lisa Webster. She and Webster were subjected to Harmon’s verbal abuse and gender discrimination, Levesque said in her suit. Webster, who also sued the county, settled her three-year-old case in February.

Levesque’s trial is scheduled for next month.

A third female corrections officer has sued the county in Androscoggin County Superior Court alleging similar misconduct.

Comments are no longer available on this story