Something Happened! - The Sexual Harassment Suit of the Nancy Hart and the
Something happened all right, to the tune of $650,000!! That's what
it cost the City of Peabody to settle a sexual harassment suit filed by a
female Police Officer. She claimed she was singled out and discriminated
against.
The City of Peabody and the Chief of Police, started by hiring six
new Police Officers on September 3, l991. Which included two female and
four male officers. When the City hired them as Police Officers, all six
were informed of one of the conditions the job. One of the conditions would
be required to sign a conditions of employment form. If they did not sign
the form they would not be hired. The six officers signed the employment
agreement not knowing they were required to, because it was not agreeable
to the Police Union first.
The Pre-emolyment conditions are the following:

1. Pass a psychological exam given by the City
2. Pass a physical exam given by the City
3. Must pay for Police Academy training at a cost of approximately
$1200
4. Must pass a prescreening exam by the Criminal Justice Council
5. Agree not to smoke on the job or off duty while employed by the
city
6. Agree to random drug testing
7. Agree to keep their weight in proportion to their height

A violation of any the above conditions would be grounds for
dismissal from the Police Department without the right of Union protection.
After the six new Police Officers graduated from the Police Academy,
they were assigned to various shifts. They were to be evaluated and inspected
while on a one year probation period. When the end of probation period was
coming close, one of the female Officers was called into the Police Chief's
office. When she was in the office by herself, the Police Chief stated she
had a good to excellent evaluation from all her supervisors, but he (the
Police Chief), had a problem with her weight. He then asked her how much
she weighed and that she looked like she had put on a few pounds. She
replied that she really did not feel it was proper or any of his business
what she weighed. The Chief stated he was the Chief of Police and he had
every right to ask her what he wanted and under the new 'Fitness and
Wellness' Act passed by the State he could ask her. She then answered the
Chief's question by giving him 5 pounds over what she weighed when she
first was hired The Officer was then told she would be called into his
office once a month until he felt she lost the proper weight and her
probation would be either extended or she would be dismissed.
She then went to her Union representative and informed him what was
being done and requested the Union's help. The Union all though could not
officially help her because she was still on probation, she was advised to
seek a Lawyers advise. As her probation was coming to an end, the Mayor
called her to his office and also told her she would have to go by the
Police Chief's orders or she would be terminated. The Officer informed the
Mayor that he would have to make the decision to either fire her or keep
her. But, on either case if the Chief did not stop harassing her she would
file a law suit against the City and the Chief.
Meanwhile, the other five officer's hired with this police officer
all gained weight after leaving the Police Academy. But, not one was called
into the Chief's office to answer to their weight gain.
As this case went through the legal steps of the courts,
the officer was harassed by the Chief and by some of his so called friends.
A Captain who would assign her extra work details even after she told him
she could not work these details. After she did not show up to work at the
details, the Captain tried to suspend her. As the Union Representative of
her shift , ...