A female bar manager suffered such egregious sexual harassment at the American Legion Forbes-McKay Post No. 109 in Windsor, the Colorado Civil Rights Commission says, that it must take the unusual action of reversing an administrative law judge who ruled that the woman failed to prove unlawful discrimination.
The commission said it agrees with the bar manager’s claims that she had been “severely sexually harassed” by post commander Lowell Buderus and was fired in October 2007 because she was unwilling to participate with Buderus “in his sexual advances.”
A phone number for Buderus has been disconnected, and a person at the Windsor post said Buderus is no longer commander.
The Colorado Civil Rights Commission said Friday it has awarded the woman back pay.
The commission also said it has ordered the post to cease and desist from further discriminatory practices, specifically finding that the woman had “experienced an extremely severe level of sexual harassment” and the post’s explanation for her termination was “not credible.”
The post did not follow its standard termination procedures, the commission noted.
Contrary to the finding of the administrative law judge, the commission said the bar manager had met her burden of establishing a case of discrimination.
Among the commission’s findings were that on the evening of July 19, 2007, Buderus came up to the woman, who was seated on a bar stool at the post, put his arm around her shoulders, spoke to her in a sexually suggestive manner and began rubbing himself against her thigh.
The following month, said the commission, Buderus came up behind the woman at least twice and in a “sexually charged manner” began breathing down her neck.
On a number of other occasions, Buderus would look at the bar manager’s chest when speaking to her or put his arm around her while speaking to her, said the commission.
The commission said that when the manager made clear she wanted no part of Buderus’ advances, he began to sabotage her work and undermine her ability to perform her duties as bar manager. The commission also said he demanded that she serve him and a group of his buddies drinks at a discount, which was against the club’s policy.
The commission noted that Post 109 has filed an appeal of the commission’s decision with the Colorado Court of Appeals.
But the commission said it believes its finding is correct and will “vigorously defend its action” before the Court of Appeals, the state’s second-highest court.
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
