By Cole Waterman | Cole_Waterman@mlive.com
BAY CITY, MI
— A former employee of the Bay County Friend of the Court has filed a lawsuit against Bay County and her former supervisor, alleging years of sexual harassment.
Patricia McIver on Thursday filed a suit in Bay County Circuit Court, alleging that while she was employed with the Friend of the Court she was persistently harassed by supervisor Dennis Bergevin.
According to the suit, McIver worked as a youth development counselor at the Bay County Juvenile Home from October 1993 until March 1997, at which point she started working as a court clerk for former Circuit Judge Lawrence Bielawski. In 2002, she started working for the Friend of the Court as a financial technician and then a child support modification specialist.
Starting in 2005, McIver worked directly with Bergevin, the suit states.
During her employment, McIver “was subjected to a hostile working environment and quid pro quo requests for sexual favors, and other verbal and physical conduct by Defendant Bergevin in communications of a sexual nature,” a portion of the suit reads.
Bergevin made lewd comments, touched McIver and took photos of her with his cellphone, the suit claims.
McIver on multiple occasions addressed her concerns with Elizabeth Roszatycki, head of the Friend of the Court, and alleges her complaints were brushed aside.
Martha P. Fitzhugh, Bay County’s attorney, said the suit is too new to comment on a potential defense.
“At this point, the county will turn over the case to our insurance organization, which is the Michigan Municipal Risk Management Authority, and they will provide a defense for the defendants,” she said. “It will involve some investigation as to the facts, and that’s going to take some time. We were aware that there were some issues pending, but at this point we’re going to review them further and then move forward.”
The Bay City Times was unable to reach Bergevin or Roszatycki for comment.
Bay County has a nondiscrimination policy, wherein employees who believe they are being discriminated against are to “report the alleged discriminatory conduct to the division head or department head.” Roszatycki was to notify the human resource director of McIver’s concerns, but the suit indicates this protocol was not followed, and Roszatycki attempted to excuse or justify Bergevin’s behavior.
Claiming she was unable to take the harassment any longer, McIver stopped working at the courthouse in December 2010, requesting sick leave. Bay County denied granting McIver the sick pay, something her attorney, Saginaw-based Victor Mastromarco Jr., says amounts to retaliation.
At the county’s direction, McIver met with a psychiatrist, who said he had no reason to doubt McIver’s claims, the suit indicates. The county still refused to provide McIver with sick leave.
McIver resigned in May 2011.
Mastromarco alleges his client is suffering from “emotional distress, mental anguish, embarrassment, humiliation, fear, shock, intimidation, breach of trust, anxiety, depression, nervousness, disruption of lifestyle and denial of social pleasures and enjoyment,” as well as economic hardships. Mastromarco claims Bay County violated the state’s Elliott-Larsen Civil Rights Act, which prohibits employers from discriminating against staff based on religion, race, color, national origin, age, sex, height, weight, familial status or marital status.
Mastromarco said the suit alleges McIver is owed at least $25,000, the minimum amount for the suit to be filed in circuit court.
“The jury gets to decide, based on the damages we present, how much to award,” he said.
Mastromarco added there is a possibility for the case to wind up in federal court.
“We’ve also filed a complaint with the (U.S. Equal Employment Opportunity Commission), and they have not acted yet. They’re in the process of investigating. You have to file with them before you can file in federal court.”
The suit has been assigned to Bay County Circuit Judge Harry P. Gill. No court dates have yet been scheduled.
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