Schuylkill County Commissioners have approved a $3.2 million payment to settle two sexual harassment and retaliation lawsuits filed in the last 4 years.
On Wednesday, they voted unanimously to pay the final three plaintiffs in the original 2021 lawsuit that accused former Commissioner George Halcovage of sexual harassment and assault, and further accused several County officials of retaliating against them for speaking out against the alleged behavior.
A settlement was also reached in another lawsuit filed by one of those final three plaintiffs against former Chief Tax Assessor Kent Hatter for sexual harassment and retaliation and former Human Resources employee for retaliation following an alleged inappropriate conversation he had with her and then subsequent retaliation for her speaking up about that.
Last year, the County announced that it had reached a settlement with a woman identified in that lawsuit as Jane Doe 1 for $1.7 million. The three remaining women – who have now been unmasked as a result of the settlement – decided to push their case toward a trial, which was expected to begin days before current Commissioners Chairman Larry Padora announced two weeks ago that a tentative settlement had been reached.
On Wednesday, the County says it reached agreement with the plaintiffs because legal fees were already nearly $2 million and a lengthy trial would have caused them to skyrocket.
A trial would have also had a negative impact on the County, its citizens, and other County government employees, the County said.
And had the County lost the trial, it likely would have caused an even bigger financial hit than the terms of the $3.2 million settlement, it added.
Here’s how that settlement money is going to be split. Each plaintiff will be getting nearly the same amount of money:
- Melissa Goodman – who was the plaintiff in both lawsuits – personally gets a total of $629,527.20.
- Angela Toomey and Denise Gerchak will each get $629,659 and $629,659.
Together, the Derek Smith Law Group, Philadelphia, which represented these three women and the woman still known as Jane Doe 1, gets $1,311,154.69.
As for the question of who will be paying for this $3.2 million, the County breaks it down as follows:
- $1.55 million will be covered by Schuylkill County’s insurance carriers;
- $100,000 will be paid by Hubric Resources, the Wyomissing firm that provided third-party Human Resources services to the Courthouse through much of this saga;
- $1.55 million will be paid by the County.
Of the money being paid by the County, $1,302,607.36 goes to Catherine Lowry (nee Smith), of the Derek Smith Law Group to cover attorney fees and costs, and $247,302.94 will be paid to Goodman.
Commissioners voted unanimously Wednesday to approve budget authority in the amount of $1.55 million to cover those payments. As part of the settlement, the County and all defendants get to say that they committed no wrongdoing.
In a statement following the settlement approval, Padora read a prepared statement:
“Today we remove a cloud that has been hanging over our County for almost 5 years. We, as your County Commissioners, firmly believe that the settlement we approved today is in the best interest of the County, the women, its employees and its citizens. But make no mistake, the actions of a single individual have cost Schuylkill County dearly and set the stage for all that followed.
“It is now time to move on from this sad chapter in our County’s history. We are proud to have implemented policies, procedures and training for all County employees and elected officials designed to avoid a recurrence of the issues which lead to this costly litigation. We have made every effort to maintain confidence in County government and restore our County’s reputation. We will continue to address the County’s business and implement new and innovative ideas, but without the impediment of this lengthy and time-consuming litigation.
“Schuylkill County’s best days are ahead of us and together we can step into that future.”
To clarify, the “policies, procedures, and training” that were implemented in the wake of the first lawsuit were actually mandated as part of a Consent Decree entered into by the County with the US Dept. of Justice which, at one time, joined the lawsuit.
Toomey and Gerchak also released a statement following today’s Commissioners decision to finalize the settlement with them. The statement reads:
“While today marks the conclusion of this litigation, our commitment to promoting a respectful workplace continues. It is our hope that the measures implemented following the filing of our EEOC charges and the intervention of the Department of Justice have contributed to creating an environment where all employees feel it is safe to speak up regarding workplace harassment and discrimination, without the fear of retaliation. It is also our hope that they are encouraged by the County to do so, particularly when such complaints involve individuals in positions of power.
“We are extremely grateful for the support of our families, friends, co-workers and community members who showed their public support, and our attorney, Ms. Catherine Lowry and her paralegal, Ms. Alyssa DeBise, who strongly advocated for us throughout this process. We also appreciate the efforts of Commissioner Hess and Commissioner Padora who balanced the best interests of the County, along with our best interests when making any executive decisions related to this case.
“We believe that no employer can have a serious “zero tolerance” anti-discrimination policy without holding perpetrators responsible. Although there have been improvements to County policies, these policies must apply to everyone in the workplace, including elected officials. We also realize that improved written policies that are not enforced by those in positions of authority will make no difference. It is our hope that future complaints are handled properly in accordance with new policies and procedures.”
An attempt to reach Lowry was unsuccessful as this post went live.
READ MORE:
Schuylkill County Officials Accused of Harassment, Retaliation
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