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Lawsuit accuses Anniston councilman of sexual harassment

Tuesday, February 21, 2012

Anniston City Councilman David Dawson is facing a sexual harassment lawsuit stemming from an incident that allegedly occurred last year at his former job with a pathology company.

Regional Medical Center, Anniston Pathology Management Services and RMC employee Tim Jones are also named as defendants in the lawsuit. While Dawson is accused of sexual harassment, Jones, RMC and Anniston Pathology are accused of negligence in their duties.

Ashville resident Kay Dodd filed the lawsuit last week in Calhoun County Circuit Court.

Dodd alleges in the lawsuit that Dawson created an inhospitable and hostile working environment at Anniston Pathology that culminated in him sexually harassing and sexually assaulting her in August.

“My client, she attempted several times to have the situation rectified by going to RMC and the principals at Anniston Pathology,” said Gregory Harp, Dodd’s attorney. “Instead of getting any resolution, she was inflicted with more harassment. She was treated as an agitator.”

According to the suit, Dodd has worked at RMC as a cytotechnologist since 2005 and routinely worked with Anniston Pathology and its employees, including Dawson.

A cytotechnologist is a person who evaluates slides of cells under a microscope, looking for evidence of disease.

Dawson resigned from his job at Anniston Pathology in January following what he said was a “disagreement” at the business. He had worked there for 30 years.

Dawson, reached by phone Monday afternoon, said he was unaware of the lawsuit. He acknowledged knowing Dodd from his former workplace. He said he did not threaten Dodd’s job, a claim made in the complaint, but declined to answer further questions about the suit. He said he had not been contacted by anyone investigating the allegations.

Dr. William Talbot, listed in the lawsuit as a partial owner of Anniston Pathology, declined to comment on the lawsuit Monday. Anthony Humphries, chairman of the RMC board, also declined to comment about the lawsuit Monday.

“I’m aware that a lawsuit has been found but I have no comment at this time,” Humphries said.

According to the lawsuit, it was Dawson’s “pattern and practice to routinely make dirty jokes containing sexual suggestions and situations, to discuss his sexual prowess and abilities in bed and to give inappropriate and sexually explicit greeting cards to the Plaintiff and other RMC employees.”

The suit also alleges that on multiple occasions from 2005 through 2011, Dawson harassed Dodd and expressed his control over her and the job duties she performed. The suit claims that in 2008 Dawson allegedly threatened Dodd with termination because she refused his demand to remain at a Christmas party held at an Anniston Pathology principal’s residence.

The lawsuit alleges the harassment came to a head on Aug. 5, 2011 when Dawson came into Dodd’s office and after a short conversation, straddled her lap while she was sitting in her chair. Dawson then allegedly began kissing and licking the side of Dodd’s face and head while rubbing her breasts at the same time. The lawsuit alleges that Dawson eventually got up, sat down at a table and continued his conversation as if nothing had happened. He then allegedly straddled Dodd again, kissed and licked the side of her face and rubbed himself against her body.

The lawsuit states that Dodd reported the incident to RMC. As a result of her complaint, the lawsuit alleges, Dawson was denied access to RMC facilities for two weeks.

The lawsuit alleges that Dawson had a well-known reputation of harassing female co-workers and employees at RMC. After the complaint, the lawsuit claims, RMC employee Tim Jones maintained a pattern of and practice of retaliation, intimidation and harassment against Dodd. The lawsuit claims Jones made crude comments to the Dodd concerning the sexual assault she allegedly suffered at the hands of Dawson.

Attempts to reach Jones Monday were unsuccessful.

RMC CEO David McCormack would not comment directly about the lawsuit, but said the hospital had a strong policy against sexual harassment.

“I feel we are fair and reasonable with all our employees,” McCormack said. “We have good grievance policies.”

He added that all RMC employees must go through an education course regarding sexual harassment and appropriate behavior in the workplace.

Dodd’s attorney disagrees with McCormack’s assessment of RMC’s policies, however.

“You have a general duty to provide employees with a safe working environment,” Harp said. “And the continued nature of harassment and joking about it … there was just a general duty of care that was breached.”

Dodd, in the suit, demands compensatory and punitive compensation in amounts to be determined by a jury.

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Keywords: lawsuit, Anniston, sexual, harrassmsnt, pathology, Dawson

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