Acepex Management has agreed to pay $190,000 to settle claims that one of its employees at the Federal Center in Lakewood allegedly raped a woman who also worked for the janitorial services company.
The California-based company denies any guilt, said Evan S. Lipstein, a Lakewood lawyer who represents the firm. “This was a case with some significantly inflammatory allegations, and on balance the management thought that it was best to settle the case and get on with business.”
The U.S. Equal Employment Opportunity Commission filed the case on behalf of a woman who said that after she rejected the sexual advances of a supervisor, he raped her twice. He threatened to have his friends retaliate against her and her family if she reported him, the suit filed in 2005 in U.S. District Court in Denver said.
Efforts to locate the former supervisor for comment were unsuccessful. Acepex fired the man after the woman reported the incidents, Lipstein said.
The General Services Administration investigated the allegations but was unable to find evidence sufficient to bring criminal charges, Lipstein said. “There were no witnesses. There was no physical evidence. He denies everything. It was clearly a he said, she said case.”
The EEOC asserted that the employer was legally responsible because the harasser was a supervisor. The company’s training, policies and procedures were inadequate to inform employees and encourage them to report any potential harassment, said Nancy Weeks, EEOC supervisory trial attorney.
Staff writer Tom McGhee can be reached at 303-954-1671 or tmcghee@denverpost.com.
