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Settlement talks may begin in Halcovage suit

Settlement talks appear poised to begin in the federal sexual harassment lawsuit against Schuylkill County Commissioner George F. Halcovage Jr. by four women who work at the courthouse.

However, even though both sides have agreed to open negotiations, that doesn’t necessarily mean the suit will be resolved any time soon, if at all.

“The plaintiffs have agreed to meet with a third party neutral, (U.S. Magistrate) Judge (Joseph F.) Saporito (Jr.), to determine if just and fair resolution of their claims is possible. The plaintiffs’ agreement does not mean that settlement is guaranteed, and the plaintiffs expect that such efforts will have no impact on the potential future trial date should such efforts prove unsuccessful,” the women’s lawyer, Catherine W. Smith, wrote in an emailed statement.

“Additionally, this should in no way be seen as an indication that the plaintiffs have waived from their position that their rights were significantly violated by the county and the individually named defendants,” she wrote.

Halcovage’s lawyer, Gerard J. Geiger, could not immediately be reached for comment.

A telephone conference to schedule the negotiations will take place at 1 p.m. May 9, according to a filing by Judge Saporito.

His document was among a flurry of filings Monday in U.S. District Court, Scranton.

“The parties have begun to engage in good faith discussions related to settlement,” Smith wrote in a court document. “The parties collectively believe that mediation could be beneficial, and hereby jointly request mediation with Magistrate Judge Saporito, if possible.”

United States Magistrate Judge Martin C. Carlson, who has been presiding over the lawsuit, agreed to move the talks on.

“And now, this first day of May 2023, the parties’ joint request to refer this case for a settlement conference, is granted and the above-captioned case is referred to Chief Magistrate Judge Mehalchick for the purpose assigning a magistrate judge to conduct a settlement conference at a date and time that is mutually convenient to the parties and the court,” he wrote.

“It is noted that Magistrate Judge Saporito previously conducted a settlement conference in this case, and the parties request his services if possible. The parties will provide a settlement conference status report on or before Aug. 1, 2023,” he wrote.

The women, referred to in the lawsuit as Jane Doe, 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4, filed the suit on March 16, 2021, alleging Halcovage sexually harassed them beginning when he was first elected in 2012.

The suit was amended on Oct. 29, 2021, alleging the defendants took employment actions against some of the women that were unlawful discrimination, created a hostile work environment, and were intimidation and retaliation for filing the suit.

Two of the women have been suspended without pay since September.

Halcovage, along with County Administrator Gary R. Bender, and assistant county solicitor Glenn T. Roth Jr., interim Human Resources Director Doreen Kutzler and current Human Resources Director Heidi Zula were named as defendants.

Halcovage has denied the accusations.

In January, the U.S. Department of Justice agreed to settle with the county to resolve the legal dispute that was based on the charges of discrimination filed by the women with the Equal Employment Opportunity Commission.

That settlement requires the county to take specific steps to prevent sexual harassment and discrimination, and have its compliance monitored. The settlement also was predicated on the county’s earlier offer to settle the lawsuit for $850,000 to the women, in addition to paying their attorneys’ fees and costs.

The sexual harassment allegations against Halcovage emerged in 2020, when 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.

County District Attorney Michael A. O’Pake sent the matter to the state Office of the Attorney General.

That office did not file charges.