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Court reinstates former Indiana prison counselor's sex discrimination case

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An appeals court has reinstated sex discrimination and hostile work environment claims filed by a former Indiana prison substance abuse counselor, who was fired because she had an affair with a co-worker.

Connie J. Orton-Bell was hired as a substance abuse counselor by the Indiana Department of Corrections in 2008, according to Monday's ruling by the 7th U.S. District Court of Appeals in Chicago in Connie J. Orton-Bell v. State of Indiana.

Ms. Orton-Bell said there was pervasive sexual work environment in the prison, including a situation in which male employees would congregate to watch female employees receive pat downs on their way into the facility, according to the ruling. Ms. Orton-Bell's request she be patted down in a private room was denied, according to the ruling.

After Ms. Orton-Bell and a counselor she supervised complained that it appeared people had been using their desks at night, an investigator concluded they were being used by night-shift employees for sexual liaisons. When she complained about it, however, she was told it was of no concern, unless the sex was between staff and inmates.

Ms. Orton-Bell became involved in an affair with Maj. Joe Ditmer, a 25-year veteran of the department. Both were married to other people but separated at the time, according to the ruling. The superintendent at the time became suspicious, and the two admitted having a sexual relationship.

Both were terminated in April 2010 and appealed their dismissals. However, Maj. Ditmer's appeal ended with a settlement that enabled him to resign in good standing, keep all his earned benefits, including his pension, and to continue working at the prison as a contractor.

But Ms. Orton-Bell's appeal led to a hearing where Maj. Ditmer testified against her, and the hearing officer upheld her termination, according to the ruling. She subsequently had significant difficulty obtaining unemployment benefits, according to the ruling.

Ms. Orton-Bell then filed suit in federal District Court in Indianapolis, charging sex discrimination, retaliation and a hostile work environment. The lower court granted Indiana summary judgment dismissing all the charges, and Ms. Orton-Bell appealed.

A three-judge appeals panel reinstated the hostile work environment and sex discrimination claims, but upheld dismissal of the retaliation claim.

The appeals court said Ms. Orton-Bell's charges about staff having sex on her desk could not be used as evidence of a hostile work environment because there was no proof it happened because she was a woman. “Her supervisors' insensitive and inattentive responses were callous mismanagement; but absent evidence that this inaction was based on her sex, it did not violate Title VII,” said the ruling.

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