Schuylkill County will have to take specific steps to prevent sexual harassment and discrimination, and have its compliance monitored, under a proposed settlement with the U.S. Department of Justice.

The settlement would resolve the legal dispute between the DOJ and the county that is based on the charges of discrimination filed by four courthouse workers with the Equal Employment Opportunity Commission.

The workers, all women, in March 2021 filed a federal sexual harassment lawsuit against county Commissioner George F. Halcovage Jr. and other county officials, contending that Halcovage sexually harassed the women since he was first elected in 2012. He has denied the accusations.

An addition to the suit was filed in October 2021, contending the women were subjected to retaliation for filing the first suit by two of them being demoted, accused of misusing county software, and suspended without pay.

The women are identified in the suit as Jane Doe 1, Jane Doe 2, Jane Doe 3 and Jane Doe 4. The suit is being heard in U.S. District Court, Scranton with Magisterial District Judge Martin C. Carlson presiding.

The DOJ joined the suit in May.

The settlement, known as a consent decree, affects only the dispute between the DOJ and the county.

The DOJ’s entry into the settlement “recognizes and is predicated on the County’s prior offers of judgment, which provided for $850,000 to the four plaintiffs, plus additional amounts for their attorneys’ fees and costs.”

The settlement does not mean the county admitted to the DOJ’s contentions or that there were any findings of fault on the county’s part.

It also “does not address or have any effect on the plaintiffs’ claims against the county or any other defendant,” Carlson wrote.

In its part of the lawsuit, the DOJ alleged that the county subjected the plaintiffs to discrimination on the basis of sex, in violation of law, by “subjecting them to severe and pervasive sexual harassment that adversely affected the terms, conditions, and privileges of their employment.”

It also alleged that the county retaliated against the plaintiffs in violation of the law.

The county denied it has discriminated or retaliated against the plaintiffs.

The settlement

Some of the requirements of the settlement, hammered out on Jan. 6, pertain specifically to Halcovage.

Commissioners, by a two to one vote, with Halcovage opposed, signed off on the settlement on Jan. 11. The DOJ also officially approved the agreement.

As of Friday evening, Carlson had yet to add his signature to finalize it.

Under the 35-page settlement, written by Carlson, the county agrees to not discriminate on the basis of sex; that it will select an employee to serve as its Equal Employment Opportunity officer, who will undergo an initial 32 hours of training followed by an additional eight hours annually; that it will select and retain, at its own expense, a consultant from a list of four provided by the DOJ, all of whom have expertise in crafting anti-harassment and anti-retaliation employment policies and conducting anti-harassment and anti-retaliation training.

That consultant will conduct workplace climate surveys of all county employees to gather information about harassment and retaliation in the workplace.

The consultant’s report will, at a minimum, include recommendations, draft policies, and draft training materials to implement policies addressing prohibited forms of harassment and retaliation and an anti-retaliation policy, which includes that people who complain of prohibited forms of harassment and/or retaliation will not have the terms or conditions of their employment altered in a way that might dissuade a reasonable employee from making a complaint.

The settlement also lists complaint and investigation procedures; required remedial actions; training requirements; and that the county must draft and distribute to all county employees policies covering sexual harassment and discrimination.

The county also must provide training to all employees, on the issues of prohibited forms of harassment and retaliation at least every nine months. The trainings will alternate between live and computer-based sessions.

Halcovage

The settlement names Halcovage specifically.

It requires the county to “take all legally permissible actions to impose the following requirements on Commissioner Halcovage, and shall enforce these requirements as permitted by law should he violate them.”

The requirements are that Halcovage will not abuse, harass, stalk, or threaten the plaintiffs in any place where they might be found; that he will not directly contact them by telephone or by any other means, and that any contact between them which is necessitated by the plaintiffs’ employment will be through a third party.

In addition, Halcovage will comply with both the Pennsylvania Public Official and Employee Ethics Act and the county’s Ethics Policy when the commissioners vote on matters which impact any of the plaintiffs.

The settlement also requires Halcovage to undergo within 90 days personal training on sexual harassment and retaliation, which will be developed and administered by the consultant.

Halcovage may not enter the offices where any of the plaintiffs work, which currently include the Tax Claim Bureau and Tax Assessment Office.

“If during the period of this Decree Commissioner Halcovage ceases to be an elected county official, the county shall not permit him to enter the offices of the county departments where any of the plaintiffs are employed, which currently include the Tax Claim Bureau and Tax Assessment Office,” Carlson wrote.

However, he wrote, “Notwithstanding anything contained in this paragraph to the contrary, the inclusion of the requirements does not in and of itself create a presumption or implication that enforcement of these requirements is legally permissible.”

The Department of Justice

The DOJ on Friday issued a news release commenting on the settlement:

“All people deserve to go to work each day without fear of sexual harassment and retaliation when they oppose that harassment,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution sends a clear message that the Justice Department will not tolerate sexual harassment and retaliation especially when it is perpetrated by an elected official who abuses the powers of their office.”

“Today, by this consent decree, we emphasize that local governments must have comprehensive policies and training to prevent sexual harassment and retaliation by public servants,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “No official can abuse their power and position to a workforce they were elected to supervise, and this settlement provides steps the county must take to prevent and address this abusive behavior.”

Background

The allegations against Halcovage surfaced in 2020, when an investigation by the county Human Resources Department determined he violated the sexual harassment, conduct and disciplinary action, and the physical and verbal abuse policies - transgressions that would have gotten him fired had he been an employee, the report said.

The matter was sent to the state Office of the Attorney General, which did not file charges.