Sex discrimination suit filed by police officer dropped

Silvers’ attorney, John Folkerth Jr., indicated that when remaining issues with the federal case are settled, it likely would be refiled in common pleas court.

“That’s what our position is right now,” Folkerth told this news organization. “I can say I’m disappointed.”

Silvers claimed she was sexually harassed and discriminated against by high-ranking law enforcement officials.

Silvers filed suit against Clay Twp. police Chief John Van Gundy (then a detective), Officer Anthony Scott (then a sergeant) and current or former township trustees Steve Woolf, Robin Lehman, Dave Vore, Lon Chambers and Steve Denlinger.

“There is no professionalism there,” Silvers told this newspaper in January 2015. “They have the good ol’ buddy system there.”

Silvers alleged in the suit that during her Oct. 2012 to Sept. 2013 stint as an auxiliary officer, she was in a sexually hostile work environment and was subjected to discrimination on the basis of gender.

In his ruling, Rose recounted many of the incidents that led to Silvers' claim. Court documents indicated that before Silvers applied to Clay Twp., she exchanged nude photos with Van Gundy. Scott once asked Silvers what size her panties were and she was asked if she was "pissing blood," according to court documents.

When she wanted to complain to Clay Twp.’s Board of Trustees, Silvers was denied. Clay Twp. officials contend Silvers was terminated for performance issues.

“The Court is mindful that, rather than considering each event complained of in isolation, it must consider the totality of the circumstances in determining whether the harassment was sufficiently severe and pervasive,” Rose wrote, later adding. “Considering all of the incidents Plaintiff describes as allegations of sexual harassment, they simply do not rise to the level of severe or pervasive necessary to succeed on a cause of action.”

The suit alleged that Van Gundy and Scott subjected Ms. Silvers to numerous and repetitive sexually explicit and inappropriate comments, including those referencing her anatomy and her menstruation. The suit claimed Van Gundy told Silvers to lighten up and engage in banter.

Rose wrote that while some of the defendants’ behavior may have been, “boorish,” it did not clearly establish an actionable hostile work environment.