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February 12, 2013

Jeffersonville bar owner accused of sexual harassment

Indiana Civil Rights Commission finds ‘reasonable belief’ harassment occurred

JEFFERSONVILLE — The owner of a Jeffersonville bar has been accused of sexual harassment, according to the Indiana Civil Rights Commission.

A notice of finding was issued Friday on a complaint that alleged Roy Davey, owner of R and R Bar & Grill at 1702 Spring St. in Jeffersonville, sexually harassed one of his employees.

An investigation began after a complaint was filed with the civil rights commission April 10, 2012. 

In order to prevail in a sexual harassment complaint, the individual must show that they experienced unwelcome sexual comments or actions in the workplace; that the comments were severe or pervasive; that the subject made the respondent aware that the comments or actions were unwelcome; and that the respondent failed to take prompt remedial action to address the hostile work environment, according to the state commission.

According to the notice of finding, Davey allegedly touched his employee’s breasts, slapped her on her buttocks and made sexually explicit comments throughout the duration of her employment. Witness testimony corroborated the employee’s assertions that Davey took part in unwanted touching of his employee. 

The report also claimed Davey made sexually charged comments and even suggested the employee have sex with him in lieu of making rent payments. According to the filing, after Davey’s wife discovered the allegations against her husband, she called the employee and asked if the two had sex. The employee said they had not, but despite her denial, Davey’s wife cut her hours to three per week.

“The fact that complainant’s hours had not been reduced prior to the allegations of sexual harassment makes it difficult to eliminate the possibility that [the] respondent’s proffered reason was [the] pretext for reducing [the] complainant’s hours,” Akia Haynes, deputy director of the commission wrote in the notice of finding. “It is important to note that [the] respondent was afforded the opportunity to uphold its burden to produce evidence of a nondiscriminatory reason for the adverse employment action. However, it failed to do so. Based upon the above findings, probable cause exists to believe that an unlawful discriminatory practice has occurred.”

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