James A. Byrne U.S. Courthouse in Philadelphia
PHILADELPHIA – A woman who scored a five-figure settlement from Philadelphia to settle sexual harassment claims says she is being denied promotions because of it and is suing again.
Patrice Garrett sued the City last week in federal court. She is a social worker who started as a corrections officer in 2013 and alleged in a lawsuit four years later her supervisor demanded sexual favors in return for better working conditions.
A settlement netted $44,000 but allegedly included a clause that she never seek any promotion in Philadelphia. Though she does not include a copy with her complaint, Garrett will request one when discovery commences.
“No legitimate purpose is served by this clause,” the suit says. “It bears no rational relationship to any legitimate governmental interest of the City and operates solely to penalize Plaintiff for exercising her constitutional rights.”
After receiving her settlement, Garrett obtained her master’s degree in counseling, but she is not eligible for supervisory positions. She claims she has suffered embarrassment and humiliation as she watches less qualified workers receive promotions.
Plus, she says, she’s lost out on income as she refrained from seeking promotions “out of reasonable fear of retaliation.”
“This is a violation of Plaintiff’s First Amendment rights,” the suit says. “She filed a suit in good faith, settled it with the assistance of this Court, and then after the agreement was reached, the City demanded additional clauses that destroyed her career.”
Timothy Creech of Creech & Creech represents Garrett.