Trooper given $500,000 award

Tuesday, Sept. 16, 1997 | 11 a.m.

CARSON CITY -- A federal court jury has awarded $500,000 to a female Nevada Highway Patrol trooper who says she was sexually harassed for several years and the state did nothing to stop it.

Mary Howard, 35, a six-year NHP veteran, said after the verdict Monday, "I hope they get the message. They must change their behavior."

She was referring to the patrol and to Attorney General Frankie Sue Del Papa's office, which she criticized for not acting on her complaints.

The judgment is among the largest amounts ever assessed against the state in a sexual harassment-hostile environment workplace suit.

Howard's lawyer, Kenneth McKenna, said he believes the $500,000 is the largest compensatory damage award in the United States in a sexual harassment case. He said larger judgments have included punitive damages. In this case, he explained, the state could not be sued for punitive damages.

Del Papa said her office would take a "strong look" at appealing the judgment. She said it could be reduced by the court to $300,000, which she contends is the maximum amount allowed in such cases.

This was a case, she said, in which the highway patrol responded to the complaints and took corrective action. "They did everything they were supposed to do. They followed the rules. This was a bitter pill."

Del Papa said her office has been aggressive in following a "zero tolerance" policy in sexual harassment cases.

The judgment in the five-day trial in Reno came after the jury deliberated for two hours Friday, took the weekend off and returned Monday.

Howard, now stationed in Beatty, testified that her troubles began in the academy while training to be a trooper. She said another cadet started to make unwarranted passes at her. She was advised by her supervisor to file a grievance, and the male trooper was bounced from the academy. But she said she earned a reputation as a troublemaker.

She said she was shunned by other troopers. When she made two felony stops, the patrol never sent backup, she said, which was a routine practice. When two accidents occurred many miles apart, she did not get any help, she said.

A condom with the inscription "Protect and Serve" was placed in her workplace mailbox, she said. She said nothing happened after she complained.

She said when a male officer was harassed, immediate action was taken.

Trial testimony revealed that before she arrived in Beatty, a meeting of officers took place in which she was called a troublemaker, and they were told to avoid contact with her.

In 1994, she said she started seeking help from Del Papa's office. The best she ever got back from the office, she said, was that they were analyzing the complaints.

"I never received any assistance from the attorney general," Howard said after the verdict.

"What do you expect a plaintiff to say?" Del Papa replied.

The attorney general said the sexual harassment issue is important to her as a woman and added that her office has engaged in a campaign to stop it in state government.

Howard said no trooper was ever fired, demoted or suspended for their actions. But Solicitor General Mark Ghan of the attorney general's office said officers were, in fact, disciplined for their actions.

Howard said she intends to take a short vacation and return to work in Beatty by the end of the month. Asked if she might encounter a hostile work place, she said, "I hope not."

She has been stationed in Las Vegas, Pahrump, Reno, Carson City and Beatty.