County sexual harassment trial begins

By Heidi Bell Gease, Journal staff | Tuesday, November 04, 2008

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Jury selection begins today in a trial involving a civil sexual harassment case filed against Pennington County by a former employee.

Former custodian Linda Bishop filed the lawsuit in U.S. District Court in 2006, claiming she was wrongfully terminated after she complained about her supervisor, Rick Burden, and co-workers.

According to her federal court complaint, Bishop worked for the county from Sept. 4, 2001, through Nov. 1, 2004. Bishop, who was the only female custodian on the night shift, says she was "subjected to sexual advances and inappropriate conduct" by her supervisor and co-workers.

According to the complaint, Bishop told the men to stop harassing her and filed a sexual harassment charge against the county. She claims Burden then retaliated by giving her low performance ratings on evaluations.

Burden is not named as a defendant in the lawsuit.

Bishop says she also filed a grievance about the sexual harassment and her evaluation.

"In response to this grievance and in retaliation to her charges of discrimination, Plaintiff was moved to a different crew and assigned the least desirable work with unrealistic expectations that were designed to have her fail, threatened with termination of employment by Defendant, and otherwise retaliated against in violation of Federal and State law," reads the complaint.

Bishop was fired on Nov. 1, 2004, for insubordination, which she claims was a pretext.

Bishop is seeking compensatory damages for lost income and benefits, mental anguish, humiliation, embarrassment, emotional distress, pain and suffering.

The trial before U.S. District Judge Karen Schreier is expected to last three days.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com