A former East Windsor Department of Public Works employee who prompted a town investigation into harassment and racism in the workplace has filed a lawsuit against the town and First Selectman Jason Bowza after he was allegedly terminated due to ongoing health issues.
William Mercey, a town employee since 2001, alleged that a medical condition causing high blood pressure, shortness of breath and “debilitating headaches,” among other symptoms, forced him to take extended time off covered under the federal Family and Medical Leave Act, but was then fired from his position.
According to the lawsuit, Mercey provided all documentation from his attending physicians but was harassed and subjected to a hostile work environment when he was forced to take time off in June of 2021.
“From June 2021 through July 2021, Defendants engaged in a continuous pattern of interfering with Plaintiff’s rights under the FMLA by questioning Plaintiff about his medical condition and his time off under the FMLA,” the court complaint says.
According to the lawsuit, Mercey continued to work but would take time off during such “flare ups” of his condition.
However, in early June he received two letters – one from Dept. of Public Works Operations Manager Joseph Sauerhoefer suspending him for insubordination for leaving work due to his illness, and one from Bowza telling Mercey his job was in jeopardy because of his “absenteeism due to illness.”
Mercey’s APRN submitted a letter saying Mercey would need four weeks off from work due to his medical condition in late June of 2021 but would then be able to return without restrictions. He was then terminated in July “due to Plaintiff’s failure to return to work after FMLA leave had been exhausted,” according to the complaint.
“Plaintiff was terminated from his employment while out on doctor advised leave due to a chronic medical condition in that his treating APRN placed him on leave until July 26, 2021,” the complaint says.
Mercey originally filed a complaint with the Commission on Human Rights and Opportunities but was released from jurisdiction to pursue the matter in court.
Mercey was at the center of an investigation into harassment and racism at the East Windsor Dept. of Public Works in May of 2021. The investigation was initiated by Bowza after Mercey claimed sexual harassment at the public works department after employees found a bag of sex toys on the side of the road.
The investigation then encompassed various other issues within the department including allegations of racism, corruption and a hostile work environment. A number of employees and supervisors were named in various allegations, including Mercey and Sauerhoefer.
Bowza told the Journal Inquirer that the sexual harassment allegations were unsubstantiated and those who were found to have engaged in inappropriate conduct were disciplined. Staff was also required to undergo further anti-discrimination and anti-sexual harassment training.
According to the lawsuit, Mercey is seeking compensation for lost wages and benefits, reinstatement or front pay, punitive damages and attorney’s fees, after having exhausted his savings to meet his basic living needs.
“As a result of the Defendants’ conduct, including the creation of a hostile and intimidating work environment and termination of employment, the Plaintiff suffered, and continues to suffer, economic loss and severe emotional distress,” the court complaint says.
Neither the Town nor Bowza has yet filed a response in court.
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All should be fired this kind of behavior is unacceptable I worked for the government four years Air Force 27 years for the postal service volunteer for the Firefighters never used that kind of language or behavior shame on them!!!