1. Allegations concerning other employees. "The Court will consider Plaintiff’s allegations concerning other employees in evaluating the sufficiency of her Title VII hostile work environment claims."
2. Disparate Treatment. Ms. Ballage claims paychecks were withheld after maternity leave. Hope & Home denied withholding paychecks, but did "not address Plaintiff’s disparate treatment claims, at all." The court finds that those claims should PROCEED.
3. Sexually hostile work environment. "The Court finds that Plaintiff has alleged sufficient facts to support a finding or inference of either severe or pervasive sexual harassment." Hope & Home's request to dismiss is DENIED.
"The Court also finds that Plaintiff has adequately alleged a claim for constructive
discharge resulting from a sexually hostile work environment."
4. Racially Hostile Work Environment. "While a close call, the Court finds that these allegations... are enough to state a plausible claim... particularly given that Plaintiff alleges more than one protected trait. "Hope & Home's motion to dismiss is DENIED.
5. The Title VII Retaliation Claims. Ms. Ballage did not provide sufficient allegations to show that she reported discrimination while employed. Plaintiff’s Title VII retaliation claims are DISMISSED for failure to state a claim.
6. Disability discrimination. Hope & Home provided no argument for the dismissal of these claims. Remaining disability claims PROCEED.
OVERVIEW OF RECENT EVENTS
• Derogatory and degrading talk about former employees
• Rambling about things of a sexual nature in one-on-one conversations with staff
• Intimidating staff and manipulating the Board to eliminate an honest evaluation of his performance
• Threatening former employees with negative references and threatening current employees with firing for not maintaining strict loyalty to himself
After experiencing several instances of sexual harassment by Executive Director, Ross Wright, two employees reported the behavior to Wendy Neal, the Director of Finance. Due to lack of existing policies or procedures, and given her senior leadership position, Mrs. Neal informed the Hope & Home Board of Directors of these reports (view the full letter HERE) in addition to actions she personally witnessed or had been informed of by other employees:
The Hope & Home Board of Directors hired an independent, private investigator through Employers Council to investigate these allegations.
The Hope & Home Board received the report from the Private Investigator detailing experiences of 5 employees and 1 foster parent. No significant action was taken. The only female board member, Marla Brown, resigned over their inaction. Mrs. Brown served Hope & Home for 11 years. She had been a foster parent and was serving as a support group leader upon her resignation.
The Board required Mr. Wright to attend "Sensitivity Training" according to Dick Shultz, current Board Chairman. Hope & Home canceled their membership with Employers Council.
• Sexual harassment perpetrated by Mr. Wright
• Discriminatory hiring practices and nepotism
• Lack of accountability and oversight
• Hostile work environment fostered by Mr. Wright and Mrs. Thurman-Wright
• Questionable financial practices
16 former employees and 4 foster parents submitted over 100 pages of documents, statements and evidence to the Child Protection Ombudsman and Colorado Department of Human Services with the following allegations:
Olivia Ballage filed a lawsuit alleging Mr. Wright engaged in discrimination based on sex, race and disability. (See updates on lawsuit HERE)
Hope & Home leadership emailed Foster Families about the Gazette publishing an article about the lawsuit, stating: "... the primary purpose of the newspaper is to sell newspapers – not to get the story right. Oftentimes, this means putting a salacious or dramatic spin on the story to make it more marketable." View the email HERE.
The Gazette published the story "Foster care agency contests claims of sexual harassment."
Mr. Shultz wrote an email to Foster Families to further explain the article, stating: "After evaluating the investigative report and subsequently receiving overwhelmingly positive statements from our current Management Team, made up entirely of women who continue to be passionately and totally behind Hope & Home’s current Executive Director, Ross Wright, the Board of Directors made the decision to confirm our trust in our current Management Team and our Executive Director, Ross Wright." View the email HERE.
Jason Ball resigned from the Hope & Home Board.
Jacque Thurman-Wright, Hope & Home Deputy Director, took an extended leave of absence.
Throughout the month of June, various staff attended Foster Parent Support Groups to talk about the Gazette article. In one support group, Marian Percy, H&H Director of Home Supervision, explained Mrs. Ballage had dress code issues and couldn't do her paperwork. (Click FAQ "How many directly women experienced sexual harassment" for the direct quote.) Mrs. Percy explained they will engage a, "HR company so that people don't feel uncomfortable... we are moving forward with a handbook... we want our employees to feel safe... we are doing training with our staff... sexual harassment training, so that is something that I really believe that we need to do."