EAST ST. LOUIS – Boorish behavior of former Belleville police captain John Moody didn’t violate the rights of secretary Justine Eisemann, U.S. Magistrate Judge Gilbert Sison decided on March 31.
Sison granted summary judgment to Moody, Chief William Clay, and the city, finding Eisemann didn’t show discrimination, harassment, or retaliation.
He found that none of the comments Moody directed at Eisemann rose to a level of sexual explicitness required for an actionable claim.
He found Moody’s conduct “was indeed boorish but was not so severe or pervasive to create a hostile work environment under existing Seventh Circuit case law.”
Eisemann started working for the department in 2015, as Moody’s first secretary, primarily handling documents for salvage and towing.
She complained about Moody to secretary supervisor Teresa Araiza in 2018, and was temporarily transferred to the records room.
She filed charges with the U.S. equal employment opportunity commission and the Illinois human rights department.
They took no action and in 2020, she sued Moody and Clay in U.S. district court.
Eisemann’s counsel Mary Anne Quill of St. Louis claimed Moody created a hostile environment with unwelcome jokes, comments, and advances.
Quill claimed chief Clay and the city were aware of misconduct but failed to take corrective measures.
She alleged constructive discharge, claiming Eisemann was unable to return to work as a result of an intolerable environment.
Moody’s counsel Frederick Keck of Belleville moved to dismiss the complaint.
So did Thomas Hunter of Belleville, on behalf of Clay and the city.
Sison denied the motions, finding Eisemann alleged lewd and offensive conduct.
He found she alleged that sexual comments were constant and supervisory personnel such as Moody encouraged them.
He found Moody had the ability to discipline and fire Eisemann.
At the summary judgment stage, the allegations didn’t satisfy Sison.
He found Moody never asked Eisemann for a date or to see her outside the office.
He found no evidence that Moody touched her, made pornographic gestures, or specifically threatened physical harm.
He found she wasn’t subjected to any demotion or decrease in pay.
He found she admitted there was nothing specific about her job that she couldn’t perform because of what she considered harassment.
He found Moody never gave her a negative performance review and there was no promotion available from her position.
He found transfer to the records room was appropriate under the circumstances and more than reasonable to address her concerns about contact with Moody.
He found she testified that Moody yelled and screamed at pretty much everyone.
Nathaniel Brown of Belleville represented Moody along with Keck.
Sarah Hunt and Thomas Kennedy of St. Louis represented Eisemann in association with Quill, who withdrew from the action last year.