THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, October 26, 1995 TAG: 9510260420
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY JON GLASS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 60 lines
A former school custodian who claims she lost her job after refusing sexual advances from her supervisor has sued the School Board and her former boss for $600,000 in damages.
Joyce Carter filed the sex discrimination lawsuit Friday in U.S. District Court after the federal Equal Employment Opportunity Commission found ``reasonable cause'' for the complaint.
In May, the EEOC concluded that Carter ``was subjected to sexual harassment, disciplined and transferred after rejecting the sexual advances'' of her former boss, Sherman Kittrell, head custodian of the school system's Child Nutrition Services Facility.
In an EEOC ``determination'' attached to the lawsuit, Issie L. Jenkins, EEOC district director in Baltimore, wrote: ``Having determined that there is reasonable cause to believe the charge is true, the commission now invites the parties to join with it in a collective effort toward a just resolution of the matter.''
But according to a July 24 letter written to Carter by an official with the U.S. Department of Justice's Civil Rights Division, the offer by the EEOC to resolve the complaint ``was unsuccessful.''
Deputy City Attorney Daniel Hagemeister, who is representing Kittrell and the School Board, said Wednesday that the city declined the EEOC's invitation.
Carter alleges that the harassment occurred between fall 1990 and 1993. In her lawsuit, Carter claims that Kittrell began ``berating her, and . . . giving her the most difficult work'' after she repeatedly rejected his sexual advances.
When she later complained to his superiors, Kittrell retaliated by having her transferred to another job that reduced her hours and pay, Carter claims. Her suit states that Kittrell told his supervisors that Carter had an ``attitude problem.''
Carter refused the transfer, and left her job at the nutrition facility in August 1993.
Carter claims that she told central office administrators of her problems but was told that Kittrell had denied her accusations and that ``since the accusations could not be corroborated, nothing more was going to be done.''
Kittrell remains as head custodian at the nutrition facility - the central kitchen that prepares meals for the city's schools. He has held the job since 1990. Contacted by phone Wednesday, Kittrell declined comment.
The EEOC's Jenkins wrote in the May determination that Kittrell ``denies the allegations and contends charging party (Carter) engaged in a vindictive and spiteful act against those who were required to take corrective action against her.''
Carter is seeking a jury trial. A date had not been scheduled by Wednesday. In addition to the $600,000 in compensatory and punitive damages, Carter is asking for lost pay and her old job at the nutrition facility.
KEYWORDS: SEXUAL HARASSMENT NORFOLK SCHOOLS NORFOLK SCHOOL BOARD
LAWSUIT by CNB