Here are some of the facts:

Charging Party (Ty Robben) agrees with Respondent's (Taxation/Cherpeski) position statement. Mr. Cherpeski did use the words "God Damn" and "Jewed" even if it was used in small groups of employees; it's still unacceptable for a Director to use this kind of language and others to create a hostile work environment.

Mr. Robben offers multiple times to have the situation mediated by a professional arbitrator/mediator and these offers were rejected by the State every time. In fact, the former DOP Director Todd Rich told me "sue us""

Mr. Robben was reprimanded for using two family sick leave days when in fact his 15 month son had a fever and a note confirming this.

Mr. Robben was suspected of having inappropriate material on his work computer when in fact he received inappropriate material from other on the State email system.

Mr. Robben was not demoted as the story says. Instead Mr. Robben received a promotion after appealing the situation. Although the Personnel department tried very hard to block the promotion by "changing the rules of the game" in the middle of the game"

The final straw that broke the camels back was the "Fitness for Duty" thing. The State tried to make Mr. Robben the source of the problem(s) and made me take a psychological "Fitness for Duty" examination with their quack tool psychologist" After spend all day taking the MMPI-2 test and answering questions, etc" it was determined I am a normal person who "may have" sub manic "hypomania"" When I was put on "unpaid leave" for 60 days it became very clear I needed to file this lawsuit. They also made matters worse because this is further ADA discrimination by removing an employee for alleged "hypomania"" I obtained a second and third psychological "Fitness for Duty" examination and it was determined I don't have sub manic "hypomania"" I am just "Pissed Off" at the retaliation like "unpaid leave" for 60 days as would be considered "normal" under the condition. It wouldn't be normal not to be upset they said. All the psychologists stated mediation would have been preferred, but the State declined that.

Two separate "whistle blower" charges were filed by two separate employees including one by Mr. Robben acknowledging serious problems with the new $50 Million dollar Tax computer system. Both "whistle blower" charges shed light on major accounting problems (accounts not reconciling correctly) and source code problems that should have been addressed before the Nevada Taxpayers were fleeced for an estimated $50 Million dollars to the contractor that build this rip off.

Charging Party agrees with Respondent's position statement. Mr. Cherpeski did use the words "God Damn" and "Jewed". ...and others

A malcontent? Boldfaced lies? Vince it was confirmed you used racial slurs and other insults and you can't deny the email data I have along with the witness accounts and audio data I have along with people who have worked with you in the past. You are a very, very troubled person" Too bad my offers for mediation were rejected. I look forward to exposing your boldfaced lies Vince Cherpeski.

RE: I hate to disappoint you but, I'm not the Director of Personnel.

OK, whatever, Mr, Thienhaus ;)

Looks like the DOJ is in town:

http://www.lasvegassun.com/news/2009/jun...

Justice Department sues on behalf of fired state worker
Associated Press

Published Mon, Jun 15, 2009 (3:24 p.m.)

Updated Mon, Jun 15, 2009 (11:50 p.m.)

The Justice Department sued Monday on behalf of a former state worker whose sexual harassment lawsuit against former Nevada Controller Kathy Augustine was dismissed on a legal technicality.

The Justice Department lawsuit, filed against the state and the controller's office on behalf of Art Ingram, contends the state violated federal law by not promptly rehiring him and then dismissing him after he returned from active military duty.

Ingram, an Army reservist colonel, was the state's chief deputy controller when he went on active military duty in mid-2003. He tried to get rehired after being discharged in early 2008.

The Justice Department complaint, filed in U.S. District Court in Reno, alleges a violation of the federal Uniformed Services Employment and Reemployment Rights Act, known as USERRA. The legal action is separate from the sexual harassment lawsuit that Ingram had filed against Augustine in 2004.

Augustine died in 2006 after being injected with succinylcholine, a paralyzing drug used in hospital emergency rooms. Her husband, critical care nurse Chaz Higgs, was later convicted of killing her with the injection.

The Justice Department complaint claims that Ingram sought reemployment with the state but was offered a job "at considerably less pay and status." The complaint alleges that the offer was withdrawn after Ingram filed his USERRA complaint because of the terms of the job offer.

Ingram's separate harassment lawsuit against Augustine was dismissed in 2004 on a legal technicality, according to his lawyer at the time, Mark Mausert of Reno.

In the harassment case, Ingram claimed that he resisted Augustine's sexual advances and as a result was reprimanded and suffered in his job. He said restrictions were placed on him in the office, he was threatened with a letter of insubordination and his duties and responsibilities were limited. At that point, he went on active duty in the Army.

Augustine denied Ingram's allegations, telling investigators at the time that Ingram had caused problems and that if he returned he had to "demonstrate dramatic improvement" or he would be subject to demotions, suspension and termination.

Jaesun: I only need one person to read this, she'll get the point. It also acts as an online reference so I can refer people to this area for information. I don't have a blog yet,nor to I plan to. Plus I wanted to hit 100 comments just for the fun of it and see how long the story sits on the #1 spot. LOL Cheers.

This was the one I was looking for:

http://caselaw.lp.findlaw.com/data2/circ...

COUNSEL
Kenneth J. McKenna, Reno, Nevada, for the plaintiffappellant.

, Teresa J. Thienhaus,Senior Deputy Attorney General, Las Vegas, Nevada, for the
defendants-appellees.

Brian Sandoval, Attorney General, Nevada, for the
defendants-appellees.

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SYLVIA DOMINGUEZ-CURRY, No. 03-16959 Plaintiff-Appellant,

NEVADA TRANSPORTATION DWH/RAM
DEPARTMENT; ROC STACEY, OPINION Defendants-Appellees.

Argued and Submitted
February 17, 2005--San Francisco, California
Filed September 14, 2005

more here

http://cases.justia.com/us-court-of-appe...

THIS IS THE CORRECT ADDRESS FOR THE CASE HISTORY:

http://www.websupp.org/data/DNV/3:01-cv-...

Read about Teresa J. Thienhaus, esq. and her loss at a cost of hundreds of thousands of taxpayer dollars when you include legal fees and wasted time.

REVERSED AND REMANDED.