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City worker's harassment suit dismissed

Former city secretary Katherine Palisano might appeal. She says a co-worker groped her and that the city of Clearwater retaliated against her.

MEGAN SCOTT
Published November 27, 2003

CLEARWATER - After hearing more than seven days of testimony, it took a jury only an hour and a half to dismiss a claim from a secretary in Clearwater's building and maintenance division that she was sexually harassed by a co-worker.

Katherine Palisano filed a federal complaint in June 2001 claiming that Don Brown, a maintenance worker, made lewd remarks and touched her breasts, and that the city of Clearwater retaliated against her for reporting the harassment.

Wednesday, the jury dismissed both claims.

Randall Shanafelt, the attorney for Palisano, said she is considering an appeal.

During the trial, Shanafelt presented several documents he described as evidence of discrimination against his client: performance reviews before and after her claim, the city's equal employment policy, reports filed with the human relations manager.

"They only took an hour or so to come back," Shanafelt said. "They could not have possibly reviewed those documents before they came back with the verdict."

Alyssa Ward, Brown's attorney, took the short deliberations to mean something else. Her client has denied the charges from the beginning, saying he only brushed past Palisano's shoulder.

"I think that when they don't have to deliberate the amount of damages, that cuts the amount of time," she said. "We took that as a good sign when they came back so fast."

It was "much ado about nothing," Ward said.

Palisano, who no longer works for the city, has said her problems with Brown began in March 2000. Building maintenance supervisor Jim Wood told the two employees to avoid contact with each other. Palisano then claimed in January the following year that Brown groped her.

When she complained to Keith Ashby, who oversaw the General Support Services Department, she said he brushed her off. Ashby denied that claim.

She also claimed her boss refused to accommodate her after she had medical concerns with her pregnancy. She brought her supervisor a doctor's note stating she could not be on her feet. She said her boss refused to grant her that request.

That evidence was apparently not enough to convince jurors.

"It was a bogus claim," said Tom Gonzales, the attorney for Clearwater. "The jury was doing its job and paying attention."

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