Prestonsburg Mayor Les Stapleton has been accused of verbal and physical sexual assault against a former city employee, according to a lawsuit filed Tuesday.
The lawsuit was filed in Floyd Circuit Court by the victim’s attorney, Dale Gordon. Stapleton and the city of Prestonsburg have been named co-defendants in the lawsuit.
The lawsuit claims Stapleton used his authority as mayor to subject the victim to unwanted sexual advances, touching and comments. Stapleton allegedly requested sexual favors from the victim, which the victim felt compelled to do.
The Herald-Leader does not name victims of sexual assault or abuse.
Stapleton did not immediately return an email Tuesday morning seeking comment.
The lawsuit also claims Stapleton touched the victim without consent, exposed himself, engaged in sexual acts and created a hostile work environment for the victim. The conduct was described as “severe, inappropriate and pervasive.”
The victim was employed at the Mountain Arts Center, which is owned by the city of Prestonsburg, according to court documents. Stapleton’s alleged conduct occurred during business hours at the center and at city hall, the lawsuit claims.
Stapleton would lock the door to the office where the alleged assaults occurred, according to court documents.
Stapleton told the victim her job and benefits depended on his requests for sexual favors, according to court documents. Court documents say Stapleton has the ability to hire, fire, promote and discipline employees of the center.
The victim was “constructively discharged” from the Mountain Arts Center as a result of Stapleton’s conduct, according to court documents. The lawsuit claims Stapleton and the city discriminated against the victim based on her gender.
Constructive discharge is when an employee’s resignation or retirement is not found to be voluntary but instead forced due to a hostile or intolerable work environment created by the employer, according to the U.S. Department of Labor.
After the victim’s constructive discharge, Stapleton pursued the victim at her new workplace and continued to expose himself, according to court documents.
Stapleton also made threats to physically assault the victim, according to court documents. Stapleton’s conduct also took place at city hall in Prestonsburg.
The city was named as a co-defendant in the lawsuit for failing to “adopt adequate procedures to prevent and/or detect sexual harassment and abuse by Prestonsburg officials,” the lawsuit says. The city knew or should have known about Stapleton’s conduct but failed to appropriately respond.
The city was notified of the hostile work environment created by Stapleton but failed to appropriately respond. The lawsuit says the city is liable for the incidents that occurred and for Stapleton’s conduct.
The victim was intentionally humiliated by Stapleton and suffered severe emotional distress from Stapleton’s conduct, according to court documents. The victim was also treated differently than other employees and Stapleton attempted to silence her.
Stapleton’s behavior towards female employees was severe enough that the city should have terminated or started proceedings to remove Stapleton from office, the lawsuit says.
“Kentucky law prohibits sexual harassment in the workplace. No woman should ever tolerate such conduct,” Golden said in a comment to the Herald-Leader.
Stapleton previously intended to run for the 29th District of the State Senate but said in January he would be leaving the race, according to WYMT.
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