Gay NJ Guard Awarded $2.8 Million for Sexual Harassment, Discrimination
A New Jersey gay female jail guard was awarded $2,847,188, for discrimination, sexual harassment, and retaliation.
Karen Caggiano began working in the prison transport unit of the Essex County Sheriff's Department in August 1993. "Caggiano, a lesbian and one of only two female officers in the unit, was assigned to the men's locker room." Male guards posted pictures of naked women on the walls, and same-sex personal ads on her locker.
Male guards "made lewd and inappropriate comments to her and threatened to anally penetrate gay prisoners in her presence. When Caggiano complained to her supervisor, he told her if she had a problem, she should get a job as a secretary." One guard "put his arm on Caggiano's shoulder, made inappropriate comments, and called her a "butch." The incident ended in a physical altercation; however, no action was taken to prevent more harassment. Another guard "began to expose himself to her in the locker room and threatened to anally penetrate her. The harassment escalated to the point that Caggiano had to hide from the officer in a bathroom stall for fear of being attacked."
In December 1997, an internal affairs investigation was initiated, but it was a whitewash designed to conceal the misconduct. Caggiano was shunned and ostracized by fellow guards who knew she testified in the investigation. She also continued to suffer harassment, until she suffered a nervous breakdown and left the department on total disability.
Caggiano sued Essex County in federal court, alleging that it had violated New Jersey's law against discrimination. She claimed co-workers harassed her because she is female and because of her sexual orientation. She also alleged supervisors allowed a hostile work environment to persist and did nothing to prevent the harassment and threats. Finally, she claimed the county breached its duty to protect her confidentiality during the investigation, and that she was retaliated against as a result.
After five hours of deliberations, a jury returned a verdict for Caggiano. She was awarded: punitive damages of $1 million; $43,000 for past lost earnings; $604,188 for future lost earnings; and $1.2 million for emotional distress, totaling $2,847,188. Caggiano was represented by Neil Mullin, Nancy Erika Smith, and Kelly Smith, of Montclair, New Jersey. See: Caggiano v. Essex County, USDC D NJ, Case No. L-1608-00 (D. NJ 11/15/04).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Caggiano v. Essex County
| Year | 2004 |
|---|---|
| Cite | USDC D NJ, Case No. L-1608-00 (D. NJ 11/15/04) |
| Level | District Court |
| Conclusion | Jury Verdict |
| Damages | 2,847,188.00 |
| Injunction Status | N/A |