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  Former Church Employee Sues Catholic Diocese

By Linda Maule
The Forecaster [Maine]
May 17, 2007

http://www.theforecaster.net/story.php?storyid=10692

Portland – A woman who claims she was fired by St. Bartholomew Church in Cape Elizabeth in 2005 in retaliation for reporting that a youth ministry director held her against her will, assaulted her and sexually harassed her, has filed a federal lawsuit against the Roman Catholic Diocese of Portland.

The suit filed also names Bishop Richard Malone, St. Bartholomew Church and the church minister, Monsignor Michael Henchal, as defendants.

The suit was filed on behalf of Susan LaTorre of Cape Elizabeth by her attorney, Marshall Tinkle, in U.S. District Court on May 4. LaTorre is seeking a jury trial.

LaTorre's complaint states that on Oct. 23, 2004, while she was supervising a church function as part of her job, she was held against her will in the church pantry, assaulted and sexually harassed by church worker and parishioner Michael Meehan.

She said Meehan was a youth minister at the time.

LaTorre, who, according to the complaint, had never received a negative performance evaluation since she began working at the church as a secretary in November 1998, began to receive unfair criticism from the monsignor less than a month after the incident, the complaint states.

When the alleged assault occurred, according to the complaint, LaTorre said she didn't report it immediately to Henchal because Henchal "was inebriated at the time," and because she "was aware of Msgr. Henchal's close relationship" with Meehan.

Two days later, on Monday, Oct. 25, LaTorre said she reported the incident to Deacon John Brennan, who told LaTorre that Henchal would be promptly informed of the alleged assault.

Brennan also told her, according to the complaint, that Meehan would be kept away from LaTorre while she was working, that Meehan would no longer be eligible to participate in youth ministry activities, that a window would be installed in the church pantry and that LaTorre's report of the incident would not adversely affect her employment.

Shortly afterward, the court document states, Henchal began "for the first time, to find fault" with LaTorre's "job performance and to criticize and berate her unfairly." This criticism continued, according to the claim, through June 2005.

On April 29, 2005, the complaint states, LaTorre found out that Meehan had been hired by Henchal to work with her that morning. As a result, she allegedly "suffered a severe panic attack and promptly called Deacon Brennan."

On June 1 the same year, LaTorre learned that Meehan had continued to work as a youth minister and that he had received an award for his work. La Torre contacted Brennan about this "breach" of his agreement with her, the complaint states.

Two days later, she was informed her hours were to be reduced to 16 hours per week. However, Henchal later agreed to change the hours to 20 per week so LaTorre could maintain benefits until she could find other employment, according to the complaint. She was told however, that her employment would be terminated by the end of the year.

On June 6, when she asked Henchal why he had not fulfilled the agreement he made following the assault, Henchal told her that Brennan had told him the assault was "no big deal."

On June 17, LaTorre said she learned that Meehan had been given the job of custodian at St. Maximilian Kolbe Church in Scarborough. On June 22, LaTorre said she was asked to turn in her church key and take the rest of the week off because she was being investigated.

On June 24, LaTorre was fired, and allegedly offered a "charitable contribution" on the condition that she sign a release, which she refused. She also refused to resign.

In the complaint, LaTorre claims several areas of discrimination, including gender. The complaint also states that LaTorre has suffered post-traumatic stress syndrome, acute stress disorder, anxiety and/or depression that substantially limits her activities.

According to the complaint, the church fired LaTorre "at least in part because of her disability."

The complaint further alleges that LaTorre was discriminated and retaliated against for exercising her rights under the Maine Human Rights Act.

Although LaTorre filed a report of discrimination with the Maine Human Rights Commission in September 2005, Case Controller Cheryl Mairs said Monday that the commission did not complete its investigation of the alleged incident in the required 180 days.

"If we don't complete (the report) in 180 days, the parties can ask for the right to sue," she said. The commission approved LaTorre's right to sue in February.

LaTorre is asking that the court find the diocese to be in violation of her rights and that she be awarded back pay, benefits, prejudgment interests, reinstatement, damages and attorney and other fees.

The diocese attorney, James Haddow, said Monday that the church has not been served with a complaint, but when it is served, he has 20 calendar days to respond.

Sue Bernard, spokeswoman for the Roman Catholic Diocese of Portland, said Haddow and Tinkle have been having discussions about the complaint.

"They're negotiating in good faith to resolve any differences," she said.

Linda Maule can be reached at 781-3661 ext. 108 or lmaule@theforecaster.net.

 
 

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