Division of Boating and Ocean Recreation head Ed Underwood has settled a lawsuit with a secretary who alleged he repeatedly sexually harassed her for four years, both physically and verbally, and sexually assaulted her, then retaliated against her for reporting it to the department.
Jamielynn Cassidy filed a civil complaint Aug. 18 in Circuit Court against Underwood, her boss, Department of Land and Natural Resources’ DOBOR administrator, for allegedly sexually harassing her from 2017 to 2020.
She also sued DLNR, which she alleges allowed “the unrelenting sexual harassment” to continue and even encouraged it and failed to intervene, even after she asked defendants to stop it.
All parties signed a stipulation filed March 15 dismissing with prejudice all parties on all claims and issues in the amended complaint, meaning the claims cannot be raised again against any of the parties.
Underwood denied the allegations of sexual harassment and assault in his written answer to the amended complaint, and DLNR also denied any wrongdoing on its part.
The attorneys for DLNR and Underwood did not respond to questions on the case and the settlement, which comes five months before a scheduled jury- waived trial, and whether DLNR is aware of similar allegations against Underwood by other women.
Underwood and DLNR were represented by state deputy attorneys general, who deferred comment to the DLNR spokesperson, who did not respond to requests for comment.
The complaint alleges DLNR knew of Underwood subjecting Cassidy and other female employees to sexual harassment and assaults but failed to take prompt, reasonable remedial action.
It is unclear whether the state will retain Underwood, who has come under fire for his positions on a variety of issues as DOBOR head. There have been calls by some in the public for his removal.
Cassidy was initially hired in July 2016 as an office assistant III, then was promoted June 2019 to secretary III. DLNR said Underwood has been her supervisor since March 19, 2018.
She reported in April 2021 to DLNR about Underwood’s “unwelcome and unsolicited verbal comments of a sexual nature, assault and battery and other employment related sexual harassment,” the amended complaint says.
The initial complaint details allegations that Underwood kept asking her to send before-and-after photos of her breasts when in June 2017 she requested time off for breast augmentation surgery and again in October 2017 after her surgery.
She eventually did, fearing she would lose her job or be retaliated against if she did not.
In April 2018, Underwood allegedly sexually assaulted Cassidy when he asked her to find an email on his computer, then put his hands on her waist and pulled her down on his lap, touching her private area over her clothes.
The complaint quotes Underwood as saying, “You must promise me that if things ever get real ugly between the both of us, you will not say a word about this.”
In another example, he allegedly asked her to show him her underwear in his office.
Cassidy alleges that Underwood retaliated against her from May to July 2021 by imposing unreasonable conditions, subjected her to unequal terms and conditions of employment, and threatened to demote her.
Underwood’s attorneys tried to have the original complaint dismissed, saying the statute of limitations had passed and that Cassidy failed to take the proper steps.
But Judge Gary Chang allowed her to file an amended complaint in which she outlined that although the sexual harassment began in 2017, it continued through 2020, the retaliation continued in 2021 and she indeed did take the proper steps in order to file a lawsuit.
Cassidy on July 17, 2021, filed a discrimination charge with the Hawaii Civil Rights Commission.
On June 10 the Equal Employment Opportunity Commission Determination and Notice of Rights was issued, allowing the HCRC to give her the right to sue.
She did so within the 90-day notice deadline.
According to the stipulation, the parties are responsible for their own attorneys’ fees and costs. Underwood was represented by state deputy attorneys general, as was the DLNR, so taxpayers could end up footing the bill for both defendants if the state Legislature approves it.
One of Underwood’s many critics, Sam Monet, a longtime resident of the Ala Wai Boat Harbor, wrote a letter to Gov. Josh Green, state legislators and SaveAlaWaiHarbor supporters and friends, saying, “Make up your own mind about state employee Ed Underwood. He is still working and managing the DLNR office where these alleged violations of law occurred.”
“Why is Underwood still working there?”
Monet and others have opposed Underwood for his support of a failed public- private partnership to develop Ala Wai Boat Harbor that would take away free public parking. They allege mismanagement by DOBOR, corruption, fraud, conspiracy and retaliation. He asks Green and the attorney general to investigate Underwood for violations at the harbor.
