• 05
  • July
    2011

A federal lawsuit was filed in California last month against the North Kern State Prison and the California Department of Corrections and Rehabilitation. A former prison guard claims that his employer ignored harassment and retaliation he sustained by another employee for more than two years.

In June of 2006, an inmate reported that a rape occurred involving two other inmates to the prison guard who was on duty, but that prison guard failed to officially report the rape. The rape victim himself told another prison guard that his cellmate sexually assaulted him. That man, now a former prison guard, immediately notified the chain of command that the rape occurred. He was told to write a report about the alleged rape, including that his co-worker failed to officially report the rape.

He then began to be harassed in retaliation for reporting the incident. In December 2007, the former guard went to the California worker's compensation doctor because he was stressed and depressed from his situation at work. He was diagnosed with "situational anxiety of occupational origin." However, he was sent back to work. He continually applied for transfers from his hostile work environment, but these were routinely denied.

He then filed a harassment complaint with his employer. Unfortunately, that case was dropped because there was not enough evidence for an investigation.

In June of 2009, another hearing was held, but the hearing officers determined that the whistle blower protection act did not apply to his situation because he was required to report the alleged rape as one of his regular duties. As a result, the hearing officers did not even consider whether the former prison guard was harassed or suffered any retaliation.

Unfortunately, during a prison altercation, another prison guard called him a rat. Because of the stress he had been under, he got into a physical fight with the other prison guard. The prison then fired him, despite his exemplary annual reviews.

Other employees at the prison reportedly sympathize with the former prison guard, but fear for their own jobs and that they will be retaliated against if they speak up.

No employee should be harassed on the job. Even if they blow the whistle on another employee, they should be protected from retaliation. By the filing of his lawsuit, this former prison guard hopes that his case of harassment and retaliation will finally and thoroughly be heard.

Source: The Bakersfield Californian, "'Code of silence' pervades prison system," Lois Henry, 27 June 2011