Work Dress At Issue in East Haven Mayor Sex Harassment Case

EAST HAVEN, CT - The lawyer for a former employee of East Haven Mayor Joseph Maturo Jr. who is suing the mayor charging sexual harassment has filed a motion asking the judge to not allow any more questions to be asked about whether her dress attire was appropriate.

The motion for a protective order on behalf of plaintiff Francine Carbone was filed in Superior Court in New Haven on Friday by her attorney Rachel 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 Maturo's lawyer (Hugh Keefe) "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.