The U.S. Equal Employment Opportunity Commission has determined the Kauai Police Department retaliated against a veteran police officer after she reported alleged sexual harassment by an assistant chief.
The EEOC investigated charges of harassment, discrimination and retaliation reported by Sgt. Darla Abbatiello, 54, of the Administrative and Technical Bureau and found "reasonable cause" to determine she was subjected to retaliation by the police department.
Abbatiello’s allegations of sexual harassment were made against Assistant Chief Alejandre Quibilan.
It was Abbatiello’s case that led to a controversial move by Mayor Bernard Carvalho Jr. to suspend police Chief Darryl Perry in 2012.
While the EEOC determined retaliation against Abbatiello occurred, it made no findings as to whether she was subjected to sexual discrimination and sexual harassment, according to EEOC letters the Honolulu Star-Advertiser obtained from a source outside the commission.
The commission did not identify police officials in the EEOC letters, describing the respondent as the Kauai Police Department. They referred to certain officials Abbatiello described in statements as supervisors. The letters also indicate the police department denies the allegations made by Abbatiello.
The investigation came in response to complaints by Abbatiello to the EEOC in November 2012 and July 2013. In statements, she said she was retaliated against by Quibilan and Perry after she reported Quibilan’s alleged harassment to the mayor, Police Commission and county attorney’s office.
In a letter dated April 25, the EEOC warned the police department that "federal law prohibits retaliation against persons who have exercised their right to inquire or complain about matters they believe may violate the law."
Timothy Riera, director of the EEOC’s Honolulu office, said he could not confirm or deny whether the commission is handling the case.
In the wake of the letter, Abbatiello and the police department are attempting to reach an agreement.
In general, Riera said once the commission enters a determination in a case, an attempt at conciliation is made to ensure an employee’s civil rights are not violated at the workplace in the future.
If a resolution isn’t reached, the commission could sue on behalf of the individual who reported the allegations. Charges involving the state and federal government are handled by the U.S. Department of Justice. If the commission does not sue, the individual has the right to file a complaint in court.
Abbatiello, who has been with the police department for 25 years and was selected as Hawaii’s police officer of the year in 1999, would not comment on the EEOC’s determination.
Quibilan also declined to be interviewed.
In an email, county spokeswoman Sarah Blane said the county is unable to comment on pending EEOC complaints.
Of the findings, Perry said, "My position is that we didn’t violate anybody’s civil rights and we didn’t retaliate."
He said he has not been informed of the specific charges made against the police department by Abbatiello. "I was never interviewed by the EEOC. I don’t know how the determination was made."
All communication on the issue, he said, was handled by the county attorney’s office, which would not comment, describing the matter as confidential.
In November 2012 in a formal statement to the EEOC, Abbatiello alleged that Quibilan had sexually harassed her for several years. Abbatiello said he made inappropriate comments about her hair, clothes, makeup and skin tone. She also alleged some comments were made in front of some members of the department’s explorer program, a mentor program for young adults ages 14 to 20.
She reported it to the police department, the Kauai police commission, the EEOC and the mayor. Abbatiello’s EEOC report said she has been working in a hostile environment because of her sex.
In 2012, Carvalho suspended Perry from Feb. 1 to 7 and placed him on administrative leave starting Feb. 8 as the county investigated Abbatiello’s allegations of a hostile work environment. Though the Police Commission ordered Perry to return to work later that month, Carvalho allowed him to return to work in March.
The mayor and the Police Commission clashed over whether the mayor could suspend or discipline the police chief. A Kauai Circuit Court judge later ruled the mayor, as chief executive officer of Kauai County, does have the power to exercise direct supervision over all departments.
After she reported allegations that she was harassed by Quibilan and that Perry’s response was inadequate, Abbatiello said she was retaliated against by the police chief and supervisors.Those actions heightened after Carvalho suspended Perry, she said.
Retaliation included administrative investigations allegedly launched against her. In one instance, the Kauai Police Commission informed Abbatiello in a March 2013 letter that the commission had initiated an investigation after receiving a complaint alleging that she "intentionally stalked, harassed and intimidated" Quibilan at the police department in March and April 2012.
Abbatiello said in her statement that it was a false complaint.
Though the EEOC has concluded sufficient evidence of violation of civil rights concerning the retaliation charges, Abbatiello alleged in a statement sent to the commission in May that the retaliation continues.
