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KELLY VIRELLAHe alleges a Sheraton Sand Key chef fondled and harassed him, and nothing was done when he complained to a manager.
CLEARWATER - Pinellas County investigators have given a Clearwater man a green light to sue the Sheraton Sand Key Resort based on allegations that he was sexually harassed over a 21/2-year period while he worked as a cook in the kitchen.
After a 10-week investigation, the county's Office of Human Rights concluded that there is reasonable cause to believe that executive sous chef and garde-manger Rick Mitchum fondled and kissed Robert Weir, 44, almost daily, beginning a few months after October 2000, when Weir was hired.
Despite Weir's protests to one of Mitchum's supervisors, the resort refused to take any action to stop the harassment during the 21/2 years, the Office of Human Rights concluded.
The agency sent the results of its investigation to the U.S. Equal Employment Opportunity Commission's Miami District office Friday. The EEOC may try to mediate Weir's complaint, something the Office of Human Rights tried to do before investigating the complaint.
If the parties still can't settle outside of court, the EEOC must file a lawsuit on Weir's behalf or give Weir a letter granting him permission to file his own.
If the resort won't pay Weir's damages, Weir intends to pursue litigation, said his attorney, Bob McCormack. McCormack would not say how much Weir asked for during the first round of mediation or how much he would ask for in the future.
Weir alleges that Mitchum would pat him on the buttocks, blow into his ear, kiss him on the neck and grab his crotch.
Mitchum still works at the company, and Weir continued to work there after filing his complaint, but resigned before the end of October. Neither could be reached for comment.
Officials from the Sheraton Sand Key told the Office of Human Rights that Mitchum had engaged in "inappropriate conduct," but said it was a one-time incident in which Mitchum touched Weir's buttocks.
Mitchum did not understand that Weir found the touching offensive, said Robert Walker, the attorney representing the resort on this matter. Mitchum believed it was horseplay, Walker said.
"Mr. Weir got rides home from Mr. Mitchum. They're friends," said Fran Baker, director of human resources for the resort. "If someone was bothering you, would you want to ride home with him?"
Neither Baker nor Russ Kimball, general manager of the resort, did anything to stop Mitchum because Weir never told them, Baker said. Weir complained to John Harris, the resort's executive chef, about the incident.
Harris did not approach Mitchum about the incident because Harris did not understand what constituted sexual harassment, Walker said.
But after Weir's attorney contacted the resort, the resort reprimanded Mitchum in writing, sent all its managers to a training seminar on sexual harassment law and instituted a new, tougher sexual harassment policy, Baker said.
During mediation, the company also offered to pay Weir $1,250 to cover his attorney fees, to give him six free counseling sessions with a licensed mental health or vocational counselor and protect him from any retaliation he might suffer.
The resort will make another offer if the case goes to court, Walker said.