Posted at: 02/19/2013 12:30 PM
By: Associated Press
An appeals court says a former Rochester Police Department supervisor can try to prove at trial that she was sexually harassed.
In 2011, a court tossed out a 2008 lawsuit brought by Jewanta Desardouin. But on Tuesday, the 2nd U.S. Circuit Court of Appeals in Manhattan overturned that ruling and allowed the suit to proceed.
Desardouin said she was harassed by her superior while she was the only female supervisor in the department's Security Operations department. She said the superior routinely harassed others as well.
The appeals court said comments allegedly directed at her were not an obvious case of hostile work environment. But it says they were sufficiently over the line to warrant a trial.
A city attorney did not immediately respond to a call for comment.