A Lewis County 911 dispatch worker transcribes a phone call during her shift at the Lewis County 911 Dispatch Center in Chehalis.
A former Lewis County dispatcher has filed a lawsuit against the county, claiming it violated family and domestic violence leave provisions under state law and retaliated against her for requesting time off.
Jerrie M. O’Connor filed the suit against Lewis County on Jan. 24, according to court documents. The case is filed in Thurston County Superior Court.
O’Connor’s complaint states that she felt forced to resign after months of retaliation, including being disciplined and investigated for taking time off under the state’s Domestic Violence Leave law. The lawsuit also accuses Lewis County staff of releasing her schedule to a man under investigation for domestic violence in which O’Connor was the victim.
“Defendant employer released Plaintiff’s work schedules and other information to the perpetrator of the domestic violence, and otherwise created such an unsafe workplace that Ms. O’Connor was ultimately forced to resign her long-held career to protect herself and her children,” the complaint reads.
Board of Lewis County Commissioners Chairman Gary Stamper said the commissioners were notified of the lawsuit by the county’s Risk Management department, but said the commission hasn’t discussed the particulars of the suit.
Attorney Suzanne Michael, representing Lewis County, and attorney Lauren Berkowitz, representing O’Connor, did not immediately return requests for comment.
According to the complaint for damages and injunctive relief, filed in January, O’Connor was a dispatcher at the Lewis County 911 Communications Center for 20 years, starting in May 1996.
During the period of her employment, she was the victim of domestic violence at the hands of a man, once her husband, which included assaults, death threats to herself and children, stalking and harassment, according to the complaint. The abuse was reported to authorities, and O’Connor reportedly provided evidence to her employer, including a court order protecting her from the man, evidence of court appearances regarding domestic violence and police reports.
Court records show cases in which O’Connor was granted a protection order against the man.
At first, O’Connor reported she was given intermittent leave as she requested for “medical and psychological” needs of her and her children as well as court requirements.
However, the complaint indicates that she began having “great difficulty in obtaining the necessary domestic violence leave to which she was entitled,” after a management change at the 911 center at the beginning of 2016. At the beginning of 2016, Lewis County fired former 911 manager Craig Larson and appointed David Anderson as interim manager. He has since been hired as the center’s manager. He was the subject of a no-confidence vote by dispatchers last year, around the same time local police and fire chiefs expressed frustration with management of the center.
Anderson is not named as a party to the lawsuit.
Washington’s Domestic Violence Leave law, laid out in RCW 49.76, allows victims of domestic violence, sexual assault and stalking to take time off from work for legal needs, to get treatment for mental health and physical injuries, to relocate or for other reasons, according to the state Department of Labor & Industries.
Washington’s Family Leave Act provides up to 12 weeks of “protected leave” in a 12-month period for eligible employees with a serious health condition or to care for a family member with a health condition. The leave does not need to be taken all at once.
O’Connor’s complaint states her requests for a modified schedule or reduction in hours were denied.
The complaint states that O’Connor provided Lewis County with proof that her leave was for medical appointments, court dates, meetings with attorneys or other needs related to her ongoing domestic violence case.
However, on May 24, she was disciplined for failing to “keep and maintain reliable and consistent attendance at the workplace.” That June, the complaint alleges she was told she was at risk of losing her health insurance benefits. She also alleges the county began an investigation into her for seeking mental health counseling through a county chaplain.
The complaint lists other alleged forms of retaliation against her for taking time off. She states the county did not celebrate her 20th employment anniversary, despite celebrating other employees’ anniversaries. Coworkers reportedly told her she should fear for her job because of her need to take time off.
“Plaintiff suffered nightmares, insomnia, chest tightness, elevated blood pressure, and other serious conditions,” according to the complaint.
The complaint also accuses county employees of releasing her schedule to the alleged perpetrator of the domestic violence, who at one point was prohibited from contacting her by a court order.
“Plaintiff requested that Defendant staff not … respond to questions about her schedule to outside callers,” the complaint states. “Defendant denied plaintiff’s requests. … Defendant has since released Plaintiff’s personal information to the perpetrator without any prior notification to Plaintiff.”
O’Connor’s suit concludes by saying the retaliation she felt from the county essentially forced her to resign.
O’Connor filed a tort claim with Lewis County in 2016, according to the complaint. The Chronicle has requested a copy of the claim from Lewis County’s Risk Management department.
The lawsuit requests unspecified damages against the county to be determined by a jury, including compensation for lost wages and benefits, compensation for emotional distress and attorney’s fees. She also requested an injunction reinstating her to her previous position with full benefits and seniority.
According to court schedules, a trial-setting hearing is scheduled for May 26 in Thurston County Superior Court.
Lewis County commissioners recently restructured the leadership of the 911 Communications Center, removing it from the Central Services department led by Steve Walton and placing it in the Emergency Services Department, which is led by former sheriff Steve Mansfield.
