Court Orders Defense Dept. To Disclose Sexual Harassment Records

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A federal judge in Connecticut ruled against the Department of Defense after it refused to search for and produce documents pertaining to sexual harassment complaints about a senior officer in the Connecticut National Guard.

"The public interest in the requested records is significant," wrote District Judge Victor Bolden in his June 16 decision.

In 2014, Cheryl Eberg filed a Freedom of Information request looking for any records regarding sexual harassment claims she made regarding her deployment in Iraq. Eberg, who achieved the rank of master sergeant and oversaw 200 soldiers in Iraq, says her commanding officer sexually harassed her.

"It's really concerning for Connecticut residents that in this case, the complaint that seemed to have just disappeared was against a very high ranking officer in the Connecticut Army National Guard," said Alexandra Brodsky, a recent Yale Law School graduate who has worked on the case through Yale's Veterans Legal Services Clinic since the beginning. "Unfortunately the [complaint] process is so opaque that it's very hard for advocates like Cheryl to put pressure on the Connecticut Army National Guard and other parts of the military to change their ways."

Eberg says she reported her allegations to Army officials but never received a response. The harassment allegedly took place in 2006, both at Fort Dix in New Jersey before the unit was deployed, and also in Iraq.

In her complaint, she claims the officer told her "she looked attractive in her uniform and that he would like to see what her eyes looked like when had an orgasm." After she filed her complaint, she claims that he then retaliated against her and made increasingly explicitly sexual advances, according to her complaint. The harassment continued after the unit returned to the U.S. until she received an honorable discharge in 2011.

Eberg sued the Department of Defense under the Freedom of Information Act in November 2014 and is represented by the Yale clinic.

Eberg now works for the Connecticut Department of Veterans Affairs and acts as an advocate against sexual discrimination in the military. In 2014, she filed FOIA requests with a host of Defense Department offices, asking for all information regarding the complaint she made against the commanding officer as well as any records of court-martial proceedings involving him.

Bolden granted summary judgment to nine offices that, he said, satisfied Eberg's searches, but he concluded that nine other offices did not. Those agencies and departments, including the National Guard Bureau, Connecticut National Guard, U.S. Army Pacific and Department of Defense Freedom of Information Division, did not adequately satisfy their searches and Eberg's requests for various reasons, Bolden found. In one case, the chief of the freedom of information division told Eberg that he knew a search wouldn't turn up any documents, according to court records, but Bolden said such a statement is insufficient. Some of the offices Eberg dealt with were the result of referrals from others.

"Transparency is necessary to expose the military's mishandling of sexual harassment complaints," Eberg said in statement. "I hope that the eventual disclosure of records related to my harassment will help reform the military's response to other victims." In fiscal year 2014, more than 6,100 reports of sexual assault were made to the Defense Department, according to its annual report.

The U.S. Attorney's Office, representing the Defense Department, said it had no comment.

In court papers, the Defense Department argued that it did not need to search for all the requested complaints, and even if they found anything, it didn't have to turn them over. They also argued that the documents they did release had personal information that was appropriately redacted and that the information Eberg requested did not "shed light on government activity." They filed a motion for summary judgment, which Bolden denied in part. He rejected their argument and pointed to the increased scrutiny on sexual harassment within the military and that "issues of gender discrimination have long been a matter of strong public concern."

Brodsky said the idea that sexual harassment claims amount to a private dispute between a man and a woman is a "very dangerous and outdated notion of sexual harassment that has no place in the military and the courts."

She said she hopes Bolden's decision and Eberg's decision to even pursue the case against the Defense Department will be an inspiration for other victims to come forward.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

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Source-Megan Spicer, Judge: Defense Department Must Search for Sex Harassment Records