$1.52 million award against county upheld

By Jeremy Pawloski | The Olympian • Published November 14, 2008

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OLYMPIA – The state Court of Appeals has upheld a jury's $1.52 million award in a sex-discrimination lawsuit against Thurston County.

The jury's verdict found that three women formerly employed as Thurston County prosecutors were forced to endure a hostile work environment and suffered retaliation after they complained about their treatment.

During the 2006 jury trial, one of the former prosecutors testified that Thurston County Prosecuting Attorney Ed Holm participated in the discriminatory treatment, including "several incidents in which Holm described various women based on their breast size and whether they were good looking," reads the appeals court's opinion. "He made sexualized comments to her, mentioning at one time that he could save expenses by sharing a room with a female Lacey Police officer, who he described as really good looking."

Holm said the former prosecutor's allegations are not true. He also pointed out that he was not named as a defendant in the lawsuit, and as a result, he did not have the right to cross-examine witnesses.

The appeals court's 42-page opinion was published Wednesday. The opinion rejected the county's argument that it cannot be held liable for discriminatory acts that occurred under Holm's leadership.

The opinion concludes: "The superior court did not err in holding that the County was liable for workplace discrimination in the prosecutor's office."

The opinion includes a lengthy summary of what the three former prosecutors — Audrey Broyles, Vonda Sargent and Susan Sackett-DanPullo — said they endured in the prosecutor's office from about 2000 to 2002 during their testimony at trial in 2006.

According to the opinion:

The three women, along with another female prosecutor still employed in the office but not a party to the lawsuit, met with Holm in November 2000 "to voice their concerns about Phil Harju, their supervisor, and Jack Jones, a felony deputy prosecuting attorney. They asked Holm to remedy an 'intolerable' situation that included Jack Jones' 'demeaning and volatile behavior,' and concerns for their safety."