Reference no: EM13816475

Officer Rowdy is a 36 year old, Jewish, divorced mother of two who became a police officer after her divorce four years ago. When she first started at the Saint Leo Police Department, she was shunned by the male officers. Eventually, they warmed up to her and credited her for her good work in the sexual assault unit. She became "one of the boys." Officer Rowdy uses colorful language when hanging out with fellow officers in her unit after hours. After a particularly brutal child sexual assault investigation, she and fellow officers went to a local bar for a few drinks and to decompress. They all got pretty drunk. The men were referring to Officer Rowdy as a "jap" and laughing about J-date, an internet dating service. Officer Rowdy's response was to joke about circumcised versus uncircumcised males. She did not appear to be offended.

Officer Rowdy's immediate supervisor was among them. He told her on this occasion that if she wanted a promotion to the detective division, he could get it for her, but that she needed to do something sexual for him. She called him several derogatory names and he left her alone, but not before he called her a "disgusting Jew."

A week later, a neighbor of the bar where the officers were drinking reported to the Sheriff that her officers were an embarrassment to the town and that there was one female officer who was particularly offensive because she was using foul language and telling sexually explicit jokes with the male officers. When the Sheriff investigated, she learned that the female officer was Officer Rowdy. She called Rowdy into the office and questioned her about the night at the bar. The Sheriff told her that she was considering her for the detective division but, with this complaint, she was having second thoughts. Officer Rowdy told the Sheriff that she has to endure the verbal abuse and give it back in kind in order to keep her job. If she didn't, she is sure that her fellow officers would do something to get her fired. She told the Sheriff about her supervisor's offer of a promotion and the offensive Jewish jokes she's had to put up with since starting the job. She said she never said anything because she was afraid. The only reason she is raising it now is because her behavior in the bar is being questioned. She does not want to lose her job but she does not want to alienate fellow officers as they might retaliate and begin shunning her again. She questioned whether all of this was happening because of her religious practices. Although she does not talk it about it much in the department, she is a practicing Jew and does not work on any religious holidays. This has always been a subject of amusement for fellow officers.

The Sheriff wants to know what she should do. Does she believe her? After all, Rowdy's been with the department for four years. Why didn't she come forward? Does that matter? What if the supervisor did make her an offer? Can the Sheriff be held liable for acts of her supervisors? If she disciplines Officer Rowdy for her behavior in the bar to satisfy the citizen complaint, will she have a legitimate claim against the Sheriff? If she is disciplined, she will not be eligible for a promotion to the detective division. Can she claim that a denial of a promotion is religious discrimination? The Sheriff wants to know what she should do (and why), based on your research and recommendations.