McMurry company denies harassment allegations

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One of the McMurry group of energy companies -- M&N Equipment LLC -- has denied it unlawfully retaliated against a former female employee who complained about sexual harassment, according its response filed in federal court Monday.

"All of the business decisions made by Defendant and actions taken with respect to [the plaintiff] were based on legitimate business interests and reasons and had nothing to do with [her] alleged claim of sexual harassment," according to M&N Equipment's attorney Henry Bailey Jr of Cheyenne.

M&N Equipment is a subsidiary of the Casper-based Nerd Gas.

The Equal Employment Opportunity Commission filed the lawsuit on behalf of the woman, who was hired by the company in February 2006.

Later that year, a male co-worker subjected her to what she believed to be sexual harassment where they were working near Pinedale, and she reported the incident verbally and in writing to the EEOC and to M&N Equipment's headquarters in Casper, according to her complaint.

In October, the company began a four-month period of retaliatory conduct including reducing her work hours, taking away her company car, failing to giver her a promised transfer, and finally firing her without explanation on Jan 22, 2007, according to the complaint.

She then found work through a temporary employment agency, which placed her with a Houston-based energy company in Wyoming. Two days later, her former direct supervisor at M&N Equipment called the company and falsely maligned her work performance, and that company terminated her assignment, according to the EEOC complaint.

The EEOC determined her rights had been violated, and attempts to reconcile the matter were futile, so the EEOC sued.

M&N Equipment responded it had tried to participate in reconciliation talks, but the woman rejected a proposal suggested by the state of Wyoming.

The company rejected her assertions of sexual harassment and retaliation, according to the complaint. "No reasonable person could or would have believed she had been sexually harassed under the circumstances described by [the woman]" and "No reasonable person could or would have believed the facts as reported by [her] constituted sexual harassment under state or federal law."

M&N Equipment did investigate the allegations of misconduct, and considered the rights of the former employee and supervisor, according to the complaint.

But the company's actions in dismissing her were not related to her allegations, according to the complaint.

The former employee's lawsuit violate the Federal Rules of Civil Procedure "in that they are frivolous and without merit and are simpy aimed at harassing the Defendant," according to M&N's response.

Reach Tom Morton at (307) 266-0592, or at tom.morton@trib.com. Read his blog at tribtown.trib.com/TomMorton/blog.

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