Claiming sexual harassment and cover up, former Council Clerk files federal retaliatory termination suit against Town of Front Royal

Alleging a long-term pattern of sexual harassment by former Front Royal Councilman and Vice-Mayor William Sealock and subsequent efforts by other Town officials, including then councilman and current mayor Chris Holloway, to have her withdraw internal complaints about the behavior, former Clerk of Council Jennifer Berry has filed a federal wrongful/retaliatory termination lawsuit against the Town of Front Royal.

The suit was filed on January 4, 2021, in the U.S. Western District of Virginia Court in Harrisonburg. It describes a lengthy and multi-faceted series of events, first alleged against Sealock commencing shortly after his January 2017 swearing on to council, for sexually explicit comments or actions (paragraphs 14 to 36 of linked lawsuit); and later indicating a lack of internal checks and balances to address Berry’s complaints, and even alleged observations about potential impacts on her family and employment initially expressed by then-Councilman Holloway if she did not drop the matter – Paragraphs 37 to 73 of the lawsuit. Attempts to reach Sealock and Holloway by phone prior to publication were unsuccessful.

According to her timeline, tensions were escalating between Berry and the interim mayor-led council by the time of this Oct. 2019 meeting, with former Mayor Stan Brooks at podium, at the County’s Villa Ave. Community Center. Coincidentally, that meeting was around the time of Town Manager Joe Waltz’s unanticipated resignation. Royal Examiner File Photos by Roger Bianchini

The Town of Front Royal is accused of “discriminatory and retaliatory employment practices” in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended (“Title VII”) and/or the Family and Medical Leave Act (“FMLA”) of 1993, 29 U.S.C. § 2601, et seq. Counts cited include Count 1: Discrimination on the Basis of Sex; Count 2: Unlawful Retaliation; Count 3: Retaliatory Hostile Work Environment; and Count 4: Violations of FMLA, the latter related to planned time off for foot surgery in December 2019-January 2020 timeframe just prior to her termination.

The suit seeks: “all legal and equitable remedies available under 42 U.S.C. § 2000e, et seq., including, but not limited to, declaratory and injunctive relief, back pay, front pay, compensatory damages, placement into a position she would be holding but for Defendant’s discriminatory conduct, and any other legal or equitable relief as the Court deems appropriate.” A jury trial is sought.

After working for 15 years as Front Royal’s Council Clerk, following an initial five-year term (1998-2003) as an administrative assistant in the Town Department of Public Works, with a break in 2003-05 during which she gave birth to her child, Berry was terminated on February 4, 2020. By April 1, 2020, she had filed a charge of “discrimination against Defendant Town” the background portion of her lawsuit notes.

Council Clerk Jennifer Berry’s profile on the Town website indicated no sign of trouble she says was emerging behind the scenes.

Her termination came despite a history of positive job performance reviews as late as July 2019, her attorney Timothy Cupp of Harrisonburg wrote, quoting from that 2019 evaluation approximately six months prior to her termination: “Defendant Town described Plaintiff in the Overall Performance Review comments as: ‘Exceptional employee, valuable team member, goes above & beyond, Glue in organization, pleasant & kind, on time with duties, excellent job. Pleasant employee to Work with her knowledge, experience and willingness to assist’.”

What changed during the subsequent six months?

According to her attorney’s description of his client’s experience, it was Berry’s unwillingness to drop her effort to have her employer, Sealock’s fellow elected officials on council, as well as the Town Human Resources apparatus, put a stop to Councilman Sealock’s alleged sexually tinged and demeaning behavior.

By the time of this September 2019 council work session under leadership of Interim Mayor Matt Tederick at head of table, according to her suit’s timeline it appeared the full council was aware of Berry’s allegations against the vice mayor. Vice-Mayor Sealock at far right of photo and Chris Holloway in right foreground, sandwich Councilman Meza; at left, Council members Tewalt, Gillespie and Thompson. Berry, while present, is out of photo frame.

Rather than help in a municipal environment with a supposed “zero tolerance” policy toward sexual harassment, her bringing the issue to other members of council as well as filing a complaint with the Town Department of Human Resources, had a counter affect, Berry claims. That counter-affect was multiple instances of institutional retaliatory behavior culminating with her termination as part of the interim town manager’s “right-sizing” slashing of Town personnel and departments in early 2020.

The federal Title VII filing describes the final chapter of Berry’s three-plus-year experience of dealing with the alleged sexual harassment unfold:

(Paragraph) 69. On January 30, 2020, Plaintiff was contacted by email and text and told that her job was subject to “right-sizing,” that her Clerk position was to be abolished and that the Clerk position was to be a part-time position. She further was told that her employment with the Defendant Town would be terminated effective February 4, 2020. The result was that a 20-year employee of the Town had gone from being the employee slated to receive a promotion and raise in the summer of 2019 to an employee being terminated despite the fact that her Clerk position was required by the Town’s charter to be filled by the Town.

According to her lawsuit, Berry, background at this late January 2020 council work session, was informed by Town Attorney Doug Napier, foreground, that she could not file an internal ‘Grievance’ complaint under the Town’s Grievance Policy regarding her harassment and retaliation allegations. Her best option was to contract outside counsel and file a complaint with the Equal Opportunity Employment Commission, she says she was told by Town legal counsel.

70. Moreover, Plaintiff previously had been employed as Clerk to the Council on a part-time basis. She became Certified as a Clerk and her position had been moved to full time. Plaintiff could have continued her employment in a part-time capacity without additional cost to Defendant Town and without losing her benefits. Defendant Town did not allow Plaintiff to remain employed with the Town in the position in which she had performed well.

71. Defendant Town’s termination of Plaintiff’s employment, however, was not about saving money. It was pretext for Defendant’s discrimination against Plaintiff based on her sex and/or for its retaliation for Plaintiff’s opposition to Defendant Town’s conduct that violated Title VII.

Go to the linked suit, published in its entirety by Royal Examiner, to see the federal Title VII complaint’s personal and institutional allegations leading up to the “right-sizing” conclusion of Ms. Berry’s 20 years of service to the Town of Front Royal.

Complaint_Jennifer Berry