Maturo’s Lawyer Wants Opponent Sanctioned in Sex Harassment Case

EAST HAVEN, CT - The lawyer for Mayor Joseph Maturo Jr. is fighting back against the lawyer for a former employee who is suing the mayor for sexual harassment.

Last week the lawyer for ex employee Francine Carbone filed a motion asking the judge to not allow any more questions to be asked about how his client dressed for work. On Monday, Maturo’s lawyers filed an objection to that motion - and also asked for sanctions against Carbone’s lawyer, claiming the protective order motion was filed to garner media publicity about the case in advance of the start of the pending trial.

Those sanctions include a fine and a censure and reprimand, among other things against Carbone’s lawyer, who is Rachel Baird.

In seeking to have the motion for protective order dismissed, Maturo’s attorney Hugh Keefe in his motion for sanction states: “The (protective order) motion makes the ridiculous claim that the defendant argues that the plaintiff deserved to be sexually harassed. Neither the defendant, nor his attorneys, have ever made such a claim, not once, and it does irreparable violence to the orderly business of this Court and this case for the plantiff’s counsel to suggest otherwise.”

Keefe further states: “The plantiff’s manner of dress at work has been raised in this litigation, it is true. It was raised, however, only because the plaintiff has asserted that she was singled out and disciplined at work by Joseph Maturo without reasonable cause. One such instance of discipline relates to a time that the plaintiff was sent home for dressing in a manner that was not appropriate for any employee of a town hall.”

Keefe adds: “the (protective order) motion goes on to argue that the questioning was improper, and further states, “on behalf of the plaintiff and all females present at future depositions and in courtrooms...plaintiffs seek this protective order so that females are not subject to an oppressive atmosphere in court proceedings.”

Keefe called that language “a sham.” “Plaintiff’s counsel is not seeking relief related to a legitimate claim of improper litigation conduct. Rather, plaintiff’s counsel is improperly attempting to create a public fervor around this case.”

Keefe noted that within 24 hours of the protective order motion being filed that East Haven Patch did a story about the motion, claiming that was Carbone’s lawyer, Baird’s intent all along - for media attention.

The protective order motion was filed in Superior Court in New Haven on Friday by Baird.

The three-year-old lawsuit that charges Maturo with sexually harassing Carbone is slated to be heard by a judge in September.

In the motion for protective order, Baird states that Keefe’s "repeated questioning of the plaintiff about her clothing on at least three different occasions at depositions held on Feb. 4, 2016, March 21, 2016 and July 26, 2018, as relevant to the issue of whether Mayor Maturo exposed his penis to the plaintiff and sexually harassed the plaintiff is oppressive, perverse, obsessive, and motivated by the discarded and antiquated principle that a female who is sexually harassed in the workplace is at fault when her male supervisor's uncontrollable tendencies are provoked."

In 2015, former Town Hall secretary Carbone filed a lawsuit, claiming she faced a continual pattern of harassment from Maturo, including inappropriate remarks and obscene gestures, since her employment began in January 1997. During one incident in 2013, Carbone claims Maturo exposed himself in her office.

From Jan. 25, 1997, to Oct. 17, 2014, Carbone was employed by the town. In October of 2014 she was fired.
According to the lawsuit, Maturo continually made comments regarding Carbone's body.

The complaint also alleges that Maturo grabbed his crotch in front of Carbone and in front of a town official.

The incident that Carbone first made involved Maturo allegedly exposing himself to her while she bent down to file documents in a cabinet. Carbone alleges that Maturo's behavior made her working conditions "intolerable," causing "severe emotional distress.

Carbone also filed a Family Medical Leave Act lawsuit, alleging the Maturo administration retaliated against her for taking medical leave.

She lost that case.

Maturo has repeatedly denied the allegations, calling the lawsuit frivilous and without merit, stating he is confident that he will be vindicated in court.

In the motion for the protective order, Carbone's lawyer said questions about her work attire should not be allowed before there are no references to work attire in her termination documents.

Baird's motion further states: "Mayor Maturo has not pleaded a defense that the plaintiff deserved to be sexually harassed and have his penis exposed to her because of her "provocative" dress and, until the pleadings are amended to add that "defense," discovery about the plaintiff's clothing should be prohibited as a tactic to oppress, harass, and intimidate the plaintiff by attempting to present her as a "provocative" female whose "status" makes her unworthy of complaining about sexual harassment and penis exposure in the workplace."

"The kind of oppression in court proceedings are a reason why so many females of any "status," do not file complaints and remain silent for years and often forever," Baird goes on.

Carbone is asking the court for judgement in amount greater than $15,000; compensatory and punitive damages; attorney fees; and to be reinstated to her old job with back pack and benefits.