Judge nixes harassment suit against St. Louis County

A judge has ended a lawsuit brought by a former St. Louis County employee who alleged sexual harassment by a county commissioner and other county officials led to her losing her job.

In a decision filed Monday in federal court in Minneapolis, Judge Ann Montgomery backed St. Louis County's motion to drop the case filed by Ellen Quinn, the county's former communications director.

Quinn had claimed she was essentially forced out of her job as retribution for reporting harassment by county officials and that she deserved lost pay under the federal Family and Medical Leave Act.

But the judge ruled that FMLA did not apply in Quinn's case and does not require her to receive pay for missed work due to conditions she attributed to any harassment that might have occurred.

"Assuming that Quinn could establish a prima facie case under the FMLA of either interference or retaliation, she still cannot prevail on either claim because she has not suffered any damages cognizable under FMLA," the judge wrote in her ruling granting summary judgment to the county's request to dismiss the case.

The judge also noted that none of the claims of harassment occurred during the period covered by FMLA. The ruling did not address whether harassment occurred. Quinn still can file an appeal with the U.S. Court of Appeals. She declined to comment on the judge's ruling.

Twin Cities attorney Thomas Marshall called the judge's decision "the proper result. We think this is the only way it should have ended." County commissioners hired Marshall to defend the county in the case after County Attorney Melanie Ford declared a possible conflict because some of her assistants might be called as witnesses in the case.

Kevin Gray, county administrator, declined to comment other than to say "the decision affirms our legal position in this matter."

Quinn, the county's former public affairs spokeswoman, first filed allegations of sexual harassment against Commissioner Steve Raukar of Hibbing in 2007. An investigation by a private attorney hired by the county attorney upheld her claims, though no action was taken.

Raukar did not immediately respond to requests to comment on the judge's decision.

In 2007, Rauker acknowledged being responsible for the harassment and said he apologized to the County Board, his family and to Quinn.

Quinn filed her lawsuit in 2009 claiming she was the victim of a years-long string of sexually obnoxious behaviors and later intimidation and scorn by some commissioners and other county officials. Raukar was the only county commissioner investigated in that case.

The lawsuit also claimed breach of contract, defamation and emotional distress under state common law and says the county's actions also violate the Minnesota Human Rights Act and the Family and Medical Leave Act.

The suit also claimed that Quinn and others were subjected to "various forms of bizarre treatment and comments" when they tried to raise objections to the "sexist and sexually inappropriate" conduct of male county employees and officials. The suit claimed she was repeatedly asked to "go out dancing, drinking and partying" with various county commissioners.

The case originally was headed to state district court. But last year Marshall was successful in moving the case to federal court because it involves the federal Family and Medical Leave Act. The judge dropped five of the original seven counts one year ago and ruled Monday on the final two counts.