CHP Sexual Harassment Lawsuit Alleges Employer Inaction in Preventing Misconduct

Employees should be able to work without fear of inappropriate behavior, yet cases continue to surface where sexual harassment is not only tolerated but, in some instances, concealed by employers. A recent lawsuit involves a former California Highway Patrol (CHP) lieutenant facing allegations of sexual harassment across multiple workplaces.

Retired CHP Lt. Kermit Edwards was accused of sexual harassment and misconduct in two separate lawsuits. The complaints alleged that between 2017 and 2020, Edwards harassed and sexually battered a female worker at a CHP facility in San Jose. He allegedly engaged in similar misconduct after being transferred to the Nimitz Commercial Vehicle Inspection Facility in Fremont in 2020. Instead of holding him accountable, CHP leadership was accused of merely transferring him from one workplace to another, allowing the harassment to continue unchecked.

According to court filings, Edwards allegedly made numerous sexually inappropriate remarks and engaged in unwanted physical contact, including placing his hand on the plaintiff’s upper thigh. The lawsuits were filed in Alameda and Santa Clara counties. Across the two complaints, Edwards was accused of making over 15 sexually explicit comments to female subordinates and propositioning one of the plaintiffs for sex.

One of the plaintiffs alleged that Edwards made a disturbing phone call in which he asked about her personal relationships and made crude remarks. She reported feeling scared but refrained from speaking out due to fear of retaliation. The complaint further alleged that Edwards took deliberate steps to intimidate her, including anonymously accusing her of misconduct in letters to CHP management.

Further compounding the issue, the lawsuit alleged that Edwards assured the plaintiff that he was protected by upper management, specifically a high-ranking CHP official who later became commissioner. This was allegedly done to intimidate and discourage her from reporting the sexual harassment.

Despite the serious allegations of workplace misconduct, CHP management allegedly failed to act on complaints against Edwards. The lawsuit stated that the plaintiff was eventually investigated based on the anonymous letters Edwards allegedly sent, leading to disciplinary action. She was suspended for 15 days in May 2022 for accessing a confidential law enforcement database.

The lawsuit argued that the disciplinary action was retaliation for the plaintiff reporting the harassment. Similar violations by other employees typically resulted in much lighter penalties, usually suspensions of just one to three days.

The lawsuit further alleged that when the plaintiff finally reported Edwards’ harassment to CHP leadership during the internal investigation, no meaningful action was taken against him. Instead, Edwards retired in March 2022 before he could be questioned, effectively avoiding accountability for his alleged misconduct. CHP’s failure to address prior complaints about Edwards enabled his pattern of harassment to continue at multiple locations, the plaintiff argued.

Employers sometimes fail to address workers’ reports of harassment, either ignoring complaints or taking superficial steps that do not address the root problem. Transferring an employee accused of misconduct rather than conducting a proper investigation and taking corrective action only enables the unwanted behavior to continue.

Workplace sexual harassment is not just about individual misconduct; it is also about how employers respond when complaints arise. A culture of silence and inaction can make employees feel powerless, discouraging them from reporting inappropriate behavior.

Workers who experience sexual harassment should document incidents thoroughly, including specific details about the behavior, dates, locations and any witnesses. Reporting misconduct to HR or a supervisor is an essential step. However, when internal reporting does not result in the employer taking action to investigate or stop the misconduct, legal recourse may be necessary. Consulting with an employment attorney can help workers gain clarity about their rights.

If you have suffered workplace sexual harassment or retaliation, you do not have to face it alone. McCormack Law Firm is committed to helping employees hold employers accountable for unlawful behavior. An experienced San Francisco employment lawyer is available to discuss your legal options. Contact us today for a free initial consultation.