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Pa. DCNR answers federal lawsuit

Employee claims work environment she endured at Blue Knob hostile

The Pennsylvania Department of Conservation and Natural Resources has answered a civil rights complaint filed by an employee of the Blue Knob State Park who said she endured a hostile work environment over a two-year period because of repeated sexual harassment from her supervisor.

The lawsuit charged that her complaints about the harassment went unheeded by the Park Operations Manager.

The employee, Emily Irvin of Windber, finally took her story to the Pennsylvania Bureau of Equal Employment Opportunity, which concluded, after an investigation, “that the underlying claim of sexual harassment has been substantiated.”

Irvin, through Pittsburgh attorney Nicholas W. Kennedy, in December filed a federal civil rights complaint with the District Court in Johnstown.

The lawsuit names her employer, the Pennsylvania Department of Conservation and Natural Resources, as the sole defendant in the case, arguing that she suffered a hostile work environment, retaliation for her complaints and sex discrimination.

The state has now answered the Irvin complaint in a court filing by Deputy Attorney General McCall B. Chafin.

With respect to the litany of events cited in Irvin’s lawsuit, the Department stated, “After reasonable investigation, Defendant lacks knowledge or information to form a belief about the truth of these allegations. Therefore, these allegations are denied and strict proof is demanded.”

The state agency also cited several other defenses to the charges in the civil rights complaint, contending the agency is protected against lawsuit through immunity under both state and federal law.

It explained that the agency “was at all times acting in good faith and in an objectively reasonable manner and did not violate any clearly established federal right (of the plaintiff). Therefore (the agency) is entitled to qualified immunity and/or good faith immunity from civil damages.”

The state also claims that Irvin’s claims are barred by the Eleventh Amendment to the United States Constitution, which restricts the ability of citizens to sue the state in federal court.

In addition, DCNR denied it violated the plaintiff’s constitutional rights.

According to the lawsuit, Irvin was a park resource ranger at Blue Knob.

The incidents cited in the lawsuit began in 2021 with the hiring of a new park maintenance supervisor.

The initial harassment by the new supervisor was verbal, the lawsuit stated.

He repeatedly commented about Irvin’s looks, discussed his sexual conquests and insinuated the two should have sex.

It was charged that he broke into her work vehicle, desk drawers and office cabinets, stealing her personal items.

Irvin complained about the ongoing harassment to Operations Manager James McCorkle.

The lawsuit contended other workers complained about the harassment.

According to the lawsuit, McCorkle “offered only silence” in response.

At the end of the 2021 season, Irvin continued to complain about the harassment, and as a result she claims her job rating suffered.

During a meeting prior to the 2022 park season, the lawsuit charges the operations manager with “targeting” the park’s female employees when he stated, “Girls, we’re not going to have that drama we did last year, right?”

But, according to the lawsuit, the harassment became more physical in 2022.

The supervisor would stand close to Irvin and at one point brushed her.

It is charged that he improperly touched her, and at another point blocked her from exiting a closet.

She contended she was also denied participation in training programs, also due to her complaints.

On November 1, 2022, Irvin filed a complaint with the state Equal Employment Opportunity Bureau.

In March 2023, after the sexual harassment had been substantiated, DCRN suspended McCorkle, noting, “Specifically, between March 2021 and October 2022, you knew or should have known that sexual harassment and other inappropriate behaviors were taking place. You failed to act upon this knowledge and neglected to report these allegations to your chain of command, per policy until October 26, 2022.”

In its answer to the lawsuit, the state agency admitted that the park operations manager was suspended without pay and demoted.

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