Employee sues after supervisor poses nude by Christmas tree

Michelle Massey, East Texas Bureau Sep. 8, 2010, 4:55am

A Beaumont resident has filed a lawsuit against his former employer alleging the sexual advances by his supervisor created a sexually hostile work environment.

Claiming violations of his civil rights, Mark Young filed suit against AbClean on Sept. 2 in the Eastern District of Texas, Beaumont Division.

AbClean provides chemical cleaning, tank cleaning, hydro blasting and other services to the petrochemical industry on the Texas and Louisiana Gulf Coast.

Young states his supervisor, AbClean's safety manager, created a sexually hostile work environment by insisting on discussing sexual matters and showing Young sexual materials. According to Young's allegations, the supervisor entered a room nude and proceeded to ask Young to take his photograph next to a Christmas tree.

Young claims he became extremely unsettled by the advances and seduction attempts. When Young reported the actions to the company, he was told that he would not have to work with the safety manager in the immediate future and the safety manager would be sent to some classes.

However, Young states he was unable to avoid the safety manager at work since he was still his supervisor and therefore, he was forced to resign.

"Defendant did not exercise reasonable care to prevent sexual harassment and ratified the wrong conduct of the safety manager by failing to take appropriate remedial action after becoming aware of the conduct," the lawsuit states.

The plaintiff is seeking damages for back pay, front pay, loss of employment benefits, mental anguish, emotional distress, punitive damages, attorney fees, interest and court costs.

Young is represented by Kenneth W. Lewis of Bush Lewis PLLC in Beaumont. Jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:10cv00528

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