Former Ceres employee sues city, police sergeant supervisor for hostile work environment
A former employee of the Ceres Police Department is suing the city for allegedly subjecting her to a hostile work environment by failing to act on her claims that a police sergeant harassed her with sexually explicit remarks.
Teresa Aguilar, who worked as a code enforcement secretary in the department, filed a federal lawsuit against Ceres and her former supervisor on Nov. 23, requesting $4 million in damages as well as attorney fees. Aguilar voluntarily resigned in May and has since moved to Texas.
The lawsuit claims the former supervisor requested a “massage with a happy ending,” threw things at her and repeatedly called her a b----. Aguilar alleges she faced discrimination because of her gender and her supervisor Jason Coley retaliated against her for complaining about the harassment, according to a complaint she filed with the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission.
In April, Aguilar also sent Ceres a tort claim, a legal filing the city could have reached a settlement on without going through a more costly formal lawsuit. The city has not denied the claim, the lawsuit contends, allowing Aguilar to file a lawsuit in court.
Joshua Watson, Aguilar’s attorney, said his client declined to comment.
“Although I understand there could be legitimate public interest in this claim, at its heart this is a deeply personal matter which regrettably has become necessary to resolve through the courts,” Watson said in an email to The Bee.
The lawsuit is not the first time a female civilian working in the Ceres Police Department sued the city for harassment. Two women sued Ceres in 2015, claiming police officer coworkers secretly recorded them, and ultimately settled for $200,000 each two years later.
Ceres declines to comment on harassment
The city, which had not been served with Aguilar’s lawsuit as of Monday, also declined to comment on the allegations and answer questions about investigating Coley. The lawsuit claims the city placed Coley on administrative leave and concluded an investigation around June or July.
Coley left the Ceres Police Department on July 10, nearly 22 years after he was first hired, Sgt. Greg Yotsuya said. Coley held the rank of sergeant on his last day, Yotsuya said, without specifying whether he voluntarily resigned.
In 2019, Coley earned $220,051 in pay, overtime and benefits from the Ceres Police Department, according to the Transparent California database.
Higher-level supervisors, including Capt. Patrick Crane, were aware of how Coley harassed Aguilar from November 2018 until the end of her employment, the lawsuit claims. Crane witnessed the harassment, but said “he had something in his ears” and did not hear it, according to the lawsuit.
“City of Ceres, through such actions, ignored Coley’s harassing conduct without taking any corrective action, failed to hold Coley accountable for his behavior when plaintiff complained, and disregarded complaints of Coley’s conduct despite ample knowledge of Coley’s pattern of conduct with plaintiff and other relevant employees,” the lawsuit contends.
The lawsuit contends the city violated the state Fair Employment and Housing Act by not preventing the harassment. In September, Aguilar also requested the right to sue under the Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against someone on the basis of race, religion, natural origin or sex.
Allegations of Coley’s behavior include him speculating (in front of coworkers) about sexual acts Aguilar does and asking for a “massage with a happy ending” when Aguilar asked about his preferences for prioritizing work responsibilities. Aguilar alleged that Coley wrote a negative performance review and interfered with her ability to take vacation because she complained about his conduct.
The Bee was unable to reach Coley after sending several voicemails, texts and emails to phone numbers and addresses listed on public record reports. Coley is no longer a resident of California, the lawsuit says.
In addition to the harassment, the lawsuit alleges Coley assaulted Aguilar with his truck in January 2020. While she was getting into Coley’s truck for a work lunch, the lawsuit says Coley suddenly and intentionally moved his car. The incident injured her shoulder, the lawsuit says, and a rotator cuff tear requires surgery. Other employees saw the incident, Aguilar wrote in the complaint to the Equal Employment Opportunity Commission.
Witnesses to Aguilar’s experiences cannot be provided at this time, Watson said, adding that the case will go through the court process. Aguilar requested a trial by jury. A telephone scheduling conference for the case is set for June 17, 2021, according to a court order.
This story was originally published December 15, 2020 at 3:16 PM.
