The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
 A jury found she had been sexually harassed while working for Anderson County, but the county was not liable. Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County. Now that’s on hold. The former employee, Gail Harness, has appealed her $7.5 million sexual harassment lawsuit against Anderson County to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
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The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
A jury found she had been sexually harassed while working for Anderson County, but the county was not liable.
Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
 A jury found she had been sexually harassed while working for Anderson County, but the county was not liable. Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County. Now that’s on hold. The former employee, Gail Harness, has appealed her $7.5 million sexual harassment lawsuit against Anderson County to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
The rest of this story, which you will read only on Oak Ridge Today, is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.Already a member? Great! Thank you! Sign in here.Not a member? No problem! Subscribe here:Basic
If you prefer to send a check, you may do so by mailing one to: Oak Ridge TodayP.O. Box 6064Oak Ridge, TN 37831 We also have advanced subscription options. You can see them here. We also accept donations. You can donate here. A donation of $50 or more will make you eligible for a subscription. Thank you for reading Oak Ridge Today. We appreciate your support!
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.Â
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit had alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.Â
On Thursday, a seven-person federal jury found that Harness had been sexually harassed while working for Jones, but the jury found that the county was not liable. No damages were awarded.
Jones was originally a defendant in the lawsuit, but he was dismissed in June 2019, leaving Anderson County as the sole defendant. Jones was not the employer, so Harness could not sue him, Senior U.S. District Judge Curtis Collier said in court Wednesday.Â
Jones had denied the allegations of sexual harassment, and he filed counterclaims in response to both lawsuits, the one filed by Harness and a second filed by Amy Ogle. In response to the Harness lawsuit, Jones had alleged that he had been defamed and his privacy invaded. But that was before before a jury found that Harness had been sexually harassed. Responding to the Ogle lawsuit, Jones has asked for at least $15,000 for legal services and fees.
The trial of the Harness lawsuit left unanswered, at least for now, a question about what can be done when an elected official violates constitutional rights. The county’s human resources director said a change in law might be required.Â
The four-day trial included disagreements between the testimony of former Anderson County Human Resources Director Russell Bearden and Mayor Terry Frank. The two disagreed about when the mayor knew about allegations of sexual harassment by Jones. They disagreed about whether the mayor retaliated and whether she protected Jones over the women he allegedly harassed. And they disagreed about whether she told the former human resources director to not take a complaint to the county law director because that would “cause a political storm.”Â
The trial, which was Monday to Thursday, had nine witnesses. They included Harness, the former employee who filed the $7.5 million lawsuit against Anderson County in 2018; her psychologist, who testified that Harness had been diagnosed with post-traumatic stress disorder; three other alleged victims of Jones; the current human resources director, Kimberly Jeffers-Whitaker; a deposition of the county law director, Jay Yeager; Frank; and Bearden.Â
Attorneys for Harness said the litigation will continue, and they said during the trial that it could be appealed to the Sixth Circuit Court of Appeals. Harness’ attorneys disagreed with the jury instructions. Among the questions raised by the judge during the trial was whether Jones made policy for Anderson County and whether he is a county official or state official. The defense, Anderson County, argued that the office of circuit court clerk is created by the state constitution, while Harness’ attorneys said the county had delegated authority to Jones and he supervised county employees.
The allegations against Jones became public in February 2018. The Anderson County Commission censured Jones that same month. Jones ran for re-election despite the allegations, although he lost the May 2018 Republican Party primary to the current clerk, Rex Lynch. However, Jones remains involved in local politics; he is currently vice treasurer of the Anderson County Republican Party. Jones declined to comment about the lawsuit or trial on Thursday.Â
The presentation of the evidence during the civil trial last week lasted three days, Monday to Wednesday. The jury deliberated Thursday. Here we have included a chronological summary of the evidence presented to the jury. It includes information about the allegations of sexual harassment, the county’s response, and Jones’ response. We have also summarized discussions between the attorneys and Collier, the judge, and included more information about the jury verdict.
The rest of this story is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.
If you prefer to send a check, you may do so by mailing one to:
Oak Ridge Today P.O. Box 6064 Oak Ridge, TN 37831
We also have advanced subscription options. You can see them here.
We also accept donations. You can donate here. A donation of $50 or more will make you eligible for a subscription.
Thank you for reading Oak Ridge Today. We appreciate your support!
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.Â
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit had alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.Â
On Thursday, a seven-person federal jury found that Harness had been sexually harassed while working for Jones, but the jury found that the county was not liable. No damages were awarded.
Jones was originally a defendant in the lawsuit, but he was dismissed in June 2019, leaving Anderson County as the sole defendant. Jones was not the employer, so Harness could not sue him, Senior U.S. District Judge Curtis Collier said in court Wednesday.Â
Jones had denied the allegations of sexual harassment, and he filed counterclaims in response to both lawsuits, the one filed by Harness and a second filed by Amy Ogle. In response to the Harness lawsuit, Jones had alleged that he had been defamed and his privacy invaded. But that was before before a jury found that Harness had been sexually harassed. Responding to the Ogle lawsuit, Jones has asked for at least $15,000 for legal services and fees.
The trial of the Harness lawsuit left unanswered, at least for now, a question about what can be done when an elected official violates constitutional rights. The county’s human resources director said a change in law might be required.Â
The four-day trial included disagreements between the testimony of former Anderson County Human Resources Director Russell Bearden and Mayor Terry Frank. The two disagreed about when the mayor knew about allegations of sexual harassment by Jones. They disagreed about whether the mayor retaliated and whether she protected Jones over the women he allegedly harassed. And they disagreed about whether she told the former human resources director to not take a complaint to the county law director because that would “cause a political storm.”Â
The trial, which was Monday to Thursday, had nine witnesses. They included Harness, the former employee who filed the $7.5 million lawsuit against Anderson County in 2018; her psychologist, who testified that Harness had been diagnosed with post-traumatic stress disorder; three other alleged victims of Jones; the current human resources director, Kimberly Jeffers-Whitaker; a deposition of the county law director, Jay Yeager; Frank; and Bearden.Â
Attorneys for Harness said the litigation will continue, and they said during the trial that it could be appealed to the Sixth Circuit Court of Appeals. Harness’ attorneys disagreed with the jury instructions. Among the questions raised by the judge during the trial was whether Jones made policy for Anderson County and whether he is a county official or state official. The defense, Anderson County, argued that the office of circuit court clerk is created by the state constitution, while Harness’ attorneys said the county had delegated authority to Jones and he supervised county employees.
The allegations against Jones became public in February 2018. The Anderson County Commission censured Jones that same month. Jones ran for re-election despite the allegations, although he lost the May 2018 Republican Party primary to the current clerk, Rex Lynch. However, Jones remains involved in local politics; he is currently vice treasurer of the Anderson County Republican Party. Jones declined to comment about the lawsuit or trial on Thursday.Â
The presentation of the evidence during the civil trial last week lasted three days, Monday to Wednesday. The jury deliberated Thursday. Here we have included a chronological summary of the evidence presented to the jury. It includes information about the allegations of sexual harassment, the county’s response, and Jones’ response. We have also summarized discussions between the attorneys and Collier, the judge, and included more information about the jury verdict.
The rest of this story is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Tuesday, June 22, 2021. (Photo by John Huotari/Oak Ridge Today)
Note: This story was last updated at 10:30 p.m.
CHATTANOOGA—A seven-person federal jury on Thursday found that a former Anderson County employee had been sexually harassed by former Anderson County Circuit Court Clerk William Jones, but the county was not liable. The former employee, Gail Harness, had filed a lawsuit in federal court because of the sexual harassment, and she had sought $7.5 million in damages.
The lawsuit was tried in U.S. District Court in Chattanooga from Monday to Thursday.
Attorneys for Harness had alleged that Anderson County had inadequate training or supervision and had tolerated violations of federal law. Harness had endured a hostile work environment caused by the pervasive, unwelcome sexual advances from Jones, and her rights had been violated under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, the attorneys said. Harness had sought damages for pain and suffering, embarrassment and humiliation, permanent injury, and loss of enjoyment of life and reputation.
But attorneys for the defendant, Anderson County, said the county had no control over Jones, an elected official, and the county had investigated after Harness filed her complaint in 2017.
Four women testified in federal court in Chattanooga this week. They said Jones had caressed them around the waist, rubbed them, whispered inappropriate things about how other employees looked, sent graphic sexual messages about oral sex, asked them for “alone time” and to accompany him on a trip, and responded to a question about a job with a message that included a suggestion to send a picture of breasts, among other allegations. Jones referred to himself as “Daddy,â€Â the women said, and he asked Harness to have sex with him and his wife, according to her testimony. Jones boasted about being unaccountable to anyone except the voters of Anderson County, according to the witnesses. Employees said they worried about being moved to the Oak Ridge court—the “clerk’s graveyard”—or fired if they didn’t please Jones or comply.
“He is an elected official, and he told us all the time, no one can touch me,†said employee Tracy Spitzer, a witness for Harness.
“They were all scared to do anything about it,” said Richard Collins, one of three attorneys for Harness.
Jones said he could do whatever he wanted, including masturbate in his office, according to the testimony.
The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Court Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)
Note: This story was updated at 10:40 a.m.
CLINTON—He’s been accused of inappropriate behavior that includes unwelcome sexual advances, unwanted touching, and lewd and vulgar text messages. He’s been unanimously censured and asked to resign by the Anderson County Commission. He’s been sued in federal court. And some residents have joined commissioners in asking him to resign, or at least not seek re-election.
Despite those pleas, though, Anderson County Circuit Court Clerk William Jones, who has denied many allegations and called others false, is seeking re-election in the Anderson County Republican Party primary election on Tuesday, May 1. Jones has filed counterclaims in federal court and filed a defamation lawsuit in state court.
Some of the sexual harassment allegations appear to have been forwarded to the Federal Bureau of Investigation and other agencies, including the Tennessee Attorney General, Tennessee Department of Labor, and Tennessee Administrative Office of the Courts, according to records released by Anderson County. It’s not clear which outside agencies, if any, might be investigating the complaints, or whether the local district attorney general might be investigating.
Willliam T. Jones
Commission censures Jones, asks him to resign
The accusations against Jones, who is seeking his second four-year term, were publicly disclosed during a review of a sexual harassment complaint at an Anderson County Commission meeting on February 20.
During that meeting, Kim Jeffers-Whitaker, Anderson County’s chief deputy director of human resources and risk management, said her department had received five reports of inappropriate workplace behavior by Jones.
“The five reports create a harassing pattern,†Jeffers-Whitaker said.
She said the reports are supported by two affidavits and four sworn statements that the county’s human resources department obtained from the victims, who include four past or present employees and one citizen.
According to Jeffers-Whitaker, the alleged instances of unprofessional conduct include: [Read more…]
