PANAMA CITY — A federal judge has dismissed a lawsuit in which the plaintiff claimed gender discrimination against Bay District Schools.
Plaintiff Mike Richardson claimed James Thompson, his supervisor in the district’s maintenance department, made several comments of a sexual nature about his spouse and even proposed a money-for-sexual-favors exchange. Thompson was later arrested in Richardson’s home on solicitation of prostitution charges during a Bay County Sheriff’s Office sting operation.
Richardson, who still works for the school district, claimed emotional and mental damages and sued Bay District Schools for gender discrimination in the amount of $75,000.
The case was dismissed before it went to trial.
U.S. District Court Judge Richard Smoak found “it is undisputed Thompson’s behavior and comments were completely inappropriate and disrespectful,” but the plaintiff didn’t show the situation had created a hostile work environment because of Richardson’s gender.
Bay District Schools declined to comment for this story, as the case is in the appeals process.
“This one is unusual,” said James Garrity, attorney for the plaintiff. “The twist here is some cases say if you are a bystander to the harassment you simply don’t have a claim, and we respectfully disagree with [Smoak] on that.”
Richardson’s spouse, who had been diagnosed with breast cancer one morning in October 2009, received a phone call after coming home that day. On the other end of the phone was Thompson, who propositioned her for sex and also told her she was a pretty woman and had “perky boobs,” according to court documents.
Two hours later, Richardson arrived home from work and mentioned his friend and boss would be able to help them with medical expenses with more work time, or at least in some way.
“I don’t want anything to do with him,” his wife said. She then told him about the call from his boss.
After the initial incident, Richardson confronted Thompson and another did not occur for more than a year. Then, after a maintenance department Thanksgiving dinner, Thompson followed Richardson to the parking lot. Thompson told him he was no longer interested in other women; he only wanted Richardson’s wife, Richardson testified.
The propositions continued until March 2011, when Richardson recorded a conversation in which Thompson offered $500 for sex with his wife.
Richardson, however, did not turn the recording in immediately. He said he did not want the fallout to ruin a trip to Hawaii.
When he did report it, the Bay County Sheriff’s Office organized a sting. Thompson was arrested in Richardson’s home and charged with solicitation of prostitution.
Thompson eventually confessed to deputies and reached a plea deal. He was required to pay $900, serve 20 hours of community service, undergo six sessions of counseling, write a letter of apology to Richardson and his wife, and have no further contact with them.
He resigned shortly thereafter. Thompson declined to comment for this story.
Smoak ordered Richardson to pay $55,000 in attorney fees for Bay District Schools, writing, the “plaintiff’s case was not just weak; it was devoid of any facts that could prove a sex discrimination claim.”
Earlier this month, Richardson parked his truck outside the maintenance department near Haney Technical Center with signs alerting people to his situation. The message stated: “Victims should never owe money or lose their job.”
Garrity has filed an appeal and hopes the ruling is reversed.
A few weeks ago Richardson and his spouse did receive some good news: The cancer has gone into remission.
Richardson said, despite all the trials and tribulations, he would not go back on any of his decisions.
“I look at it the same way I did before,” Richardson said. “After all I’ve been through, I’d do it again because you have to do what is right for your family.”