Employment attorney reacts to St. Paul mayor scandal: ‘Big mess with a capital M’
ST. PAUL, Minn. (FOX 9) - A veteran employment attorney is calling the sexual harassment lawsuit against St. Paul Mayor Kaohly Her "A big mess with a capital M."
What the investigation found
What we know:
An independent investigation commissioned by the city found that the mayor "acted inappropriately" with city employees and "shared inappropriate photographs."
The report, which was released on Thursday, did not find that she sexually harassed anyone, including Police Chief Axel Henry.
Why ‘harassment’ matters:
Employment attorney Marshall Tanick said the report’s phrasing was intentional.
"It's a euphemism for saying the individual should not have done what they did, but it stops short of saying 'sexual harassment' because it does not want to give the person who is the victim of the harassment an entrée to pursue a lawsuit," he told FOX 9.
He added that if investigators had used the term outright, Henry would have had a much stronger case.
"Had they used the term 'sexual harassment,' the claimant then — Chief Henry — would have a slam dunk. He still has a fairly easy case. It's a layup, but not a slam dunk," he said.
What Henry's lawsuit claims
The allegations:
In his lawsuit, which was filed before the redacted investigative report was released, Henry claims the mayor referred to herself as a "MILF" — a vulgar acronym for an attractive mother, made comments about the size of his genitals, touched his thigh twice and made sexual noises at the police gym.
He also claims the mayor photoshopped his head onto bodybuilders, boy band members and UFC fighters.
A costly outcome for taxpayers: Despite the report's careful wording, Tanick said the lawsuit is still a strong one and that St. Paul taxpayers will likely be the ones paying for it.
"The tab for the St. Paul taxpayers is going to be high," he said. "The elements of this case here would suggest that it will be a six-figure settlement, and a very high six-figure settlement. It comes from the taxpayers."
What's next:
Tanick said Henry’s lawsuit may not be the only one. Since the allegations involve other city employees, he said more cases could follow. "This is not a one-off case. This is the beginning of a series of cases that may occur," he said.
What we don't know:
It is unclear exactly when the case will be resolved, though Tanick said it will likely be settled before the end of the year, and he does not expect it to go to trial.
The Source: FOX 9's Mike Manzoni spoke with employment attorney Marshall Tanick for this report and reviewed both the lawsuit against the mayor and the independent investigative report.