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Sheriff gets busted for tainted harassment probe

October 2020 employment law letter
Authors: 
Dennis J. Merley, Felhaber Larson

When an employee complains about discrimination, it’s best not to add fuel to the fire by conducting an investigation that looks unfair and biased.

Sheriff locks up harassment claim

Charmaine McGuffey was a longtime veteran member of the Hamilton County (Ohio) Sheriff’s Office (HCSO). She served on the transition team when Jim Neil was elected sheriff in 2012, and he subsequently promoted her to major of jail and court services. She was the first woman ever to hold the rank of major at the HCSO.

McGuffey seemed to perform well, with Neil describing her as his “favorite major” in her performance evaluation. Even so, she felt female officers in the department weren’t respected or treated properly. She complained to Neil about two male subordinates in particular who she felt weren’t collaborating with her effectively. The sheriff reportedly responded she just needed “to get along with these guys.”

In 2017, McGuffey’s administrative assistant filed a complaint against her for bullying and harsh language. After an investigation determined the major had created a hostile working environment, Neil offered her a demotion to a civilian post within the HCSO. When she declined, he fired her, prompting her to sue in federal court for sex and sexual orientation discrimination.

Fair investigation is key

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