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November 27, 2009

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SIIS worker fired in sex harassment case gets job back

Saturday, Sept. 6, 1997 | 9:14 a.m.

The ruling favors Ed Miller, a longtime SIIS employee who was fired in 1995 after two subordinates, Pamela Castagnola and Jim Davis, accused him of sexually harassing Castagnola.

Washoe District Judge Steven Elliott upheld a ruling by hearing officer Pat Dolan, and said Miller should get his job back plus back pay. SIIS also was ordered to delete a note in Miller's personnel file that said he was fired.

Norah Ann McCoy, counsel for the State of Nevada Employees Association who sought the ruling, said Friday one of the worst factors in the case was "the continued and unwarranted persecution of Mr. Miller by SIIS."

McCoy said SIIS had improperly put the note in the personnel file, and that had prevented Miller, who had worked at SIIS since 1983 until his dismissal, from trying to get another job.

In his decision, Elliott wrote that there was substantial evidence that Miller didn't harass Castagnola, and there also was evidence to counter Castagnola's claim that she didn't object to Miller's actions "because she was innocent and shy."

The judge also said Miller did get too close with his subordinates "and failed to set the appropriate standard as a supervisor." But he said that's not grounds for dismissal.

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