Details of sexual harassment allegations revealed in report

Three state's attorney's office workers file complaints with EEOC

Friday, April 20, 2007

By TOM LOEWY

The Register-Mail

GALESBURG - Three affidavits filed with the Chicago District office of the U.S. Equal Employment Opportunity Commission allege Knox County State's Attorney John Pepmeyer verbally and sexually harassed two employees and attempted to intimidate a third.

All three petitioners are women and work in the Knox County State's Attorney's office. They are represented by private attorneys Barry Barash and Anthony Vaupel of the firm Barash and Vaupel, LLC.

The EEOC complaints detail the sexual harassment allegations referred to in two union grievances filed on March 20 by workers in the state's attorney's office. Members of American Federation of State, County and Municipal Employees Council 31 also have filed three grievances charging a hostile work environment, two for unfair labor practices and one related to Pepmeyer's internal investigation of the state's attorney's office.

Pepmeyer denies the allegations.

"These same allegations of sexual harassment were initially made to cause me to resign, and when I refused, now they are seeking damages," Pepmeyer said in a written statement.

Pepmeyer said the EEOC has chosen not to investigate, but will provide the workers with "right-to-sue" letters.

The Chicago District Office declined to comment on the affidavits or if it is investigating the complaint against Pepmeyer.

The affidavits are essentially complaint charges and the EEOC evaluates the affidavits and determines if it will investigate the charges contained in them.

According to general information provided by the EEOC, it will offer mediation between Pepmeyer and the complainants after Pepmeyer is informed of the charges.

Barash confirmed all three affidavits were filed on April 4. He said the EEOC has told him it has forwarded the affidavits to the Department of Justice, which has 180 days to determine if the case moves forward.

"I don't think it's going to take that long," Barash said.

In a detailed affidavit, Petitioner No. 1 recounted eight instances when Pepmeyer made sexually suggestive and explicit comments and five instances of unwanted physical comments.

Petitioner No. 1 said Pepmeyer's first comment to her was "on or about Jan. 18" when Pepmeyer allegedly walked up behind her and said "I wanted to ask if you wanted a hamburger with your shake."

The affidavit states Pepmeyer first made physical contact with Petitioner No. 1 on Feb. 28 when the state's attorney allegedly grabbed her hair and made a sexually explicit comment. Pepmeyer allegedly pulled her hair again on March 5 and two more times on March 6.

Petitioner No. 1 also alleged that on March 2 Pepmeyer touched her lower back above her buttocks.

Petitioner No. 3 said Pepmeyer made sexually explicit remarks to her daily from Feb. 21 to about March 9.

Pepmeyer's alleged comments to Petitioner No. 3 included "Let's get naked," "Let's stop working and get naked" and "How about naked Bloody Mary's?"

Petitioner No. 3 said that during the week of Feb. 26 "... while I was in Mr. Pepmeyer's office, he put his arm around me and kissed me on the cheek and said he loved me."

The third petitioner also alleged harassment before Pepmeyer became Knox County State's Attorney. Pepmeyer, who was a private attorney at the time, allegedly asked if she would like naked Bloody Mary's with him when Pepmeyer called "... me on the telephone ... for copies of police reports."

Petitioner No. 3 alleged former Assistant State's Attorney Dean Stone once witnessed inappropriate actions by Pepmeyer before Pepmeyer was named state's attorney.

"One day I went into Dean Stone's office and Mr. Pepmeyer was in there speaking to Dean about a case," Petitioner No. 3 said in the affidavit. "Mr. Pepmeyer grabbed me by the waist and proceeded to pull me on his lap. I immediately got up and left Mr. Stone's office."

Petitioner No. 2's affidavit detailed what she described as "humiliating" treatment before the public learned of grievances alleging sexual harassment were filed by the local chapter of the American Federation of State, County and Municipal Employees Council 31 union on March 17.

Petitioner No. 2 stated in the affidavit that after March 17, Pepmeyer tried to intimidate her into supporting him by stating "Don't betray me" on a number of occasions.

In Pepmeyer's two-page response to media, he said the grievances and complaints were filed only after he began to make changes in the office, cleaning up felony files, and after he began investigating "what I believe amounts to criminal wrongdoing in both the sheriff's office and state's attorney's office."

What happens now?

Once a complaint is filed with the EEOC a copy of the complaints is sent to the employer.

In most cases, the EEOC then offers mediation as a way to solve the complaints. The mediators offer solutions to the problems in the workplace. Mediators don't determine wrongdoing.

If the complaint is not sent to mediation, or mediation doesn't solve the problem, the EEOC asks the employer for a written answer to the complaint.

An EEOC investigator is then called in.

If no violation is found as a result of the investigation, the EEOC sends the complainants and their employer a notice closing the case. The complainants than have 90 days to file their own lawsuit.

If the EEOC investigation reveals harassment, the EEOC will issue a "Letter of Determination" to the complainants and the employer that explains its finding. EEOC then works with both sides to resolve the charges.

If the complainants agree to the proposed solution, they waive their right to go to court. If a solution is not found, EEOC must decide whether to take the case to court.