June 23--According to a federal lawsuit, Jessie Noah grew up dreaming of becoming a firefighter.
However, when she got her wish in 2006, members of the Los Alamos County Fire Department sexually harassed Noah, one of only five females in the department, both verbally and physically, the suit charges.
After a captain allegedly attempted to videotape her in the bathroom, Noah left the department in January 2011.
"She had to endure a workplace that was better suited to the male-dominated firefighting houses of the 1940s than of the 21st century," her attorney John Bienvenu said. "What happened to her is inexcusable and unacceptable."
Male firefighters would comment about her body, the suit alleges. It claims that one said her place was at home "naked, making food and babies," and that Capt. Jeff Wetteland, named as a defendant, propositioned her for oral sex and told her he would give her pinkeye by "farting on her pillow." At another point, Wetteland allegedly slapped Noah's buttocks in view of the other firefighters.
Wetteland did not return a call from the Journal seeking comment.
In October 2010, according to the suit, Noah found a camera hidden in a paper towel dispenser in her bathroom at the station. Former Capt. Aaron Adair, another defendant in the suit, was charged with placing the camera there in an attempt to get a video of Noah. He pleaded no contest to charges of voyeurism and tampering with evidence, resigned from the department and received probation on the charges.
The suit alleges that Noah found the camera behind a transparent oval covering and police were called to investigate. Before she could meet with them, Adair told Noah to give him the memory card from the camera, saying it was his. He allegedly told her not to do anything to hurt his career, and she reluctantly gave him the card, fearing she could face insubordination charges if she refused.
When she later called Adair and asked him to return the card, he said he destroyed it and would deny knowledge of the camera if anyone asked about it, according to the lawsuit.
The suit alleges that defendant Jerry Adair, brother to Aaron, and Aaron Adair both confessed to placing the camera there, which Aaron said was intended to get images of Noah.
Aaron Adair said he destroyed the memory card by breaking it, putting the pieces inside of a squash and throwing it into a field and a canyon.
A news article about the original incident states that Noah told police that Jerry Adair, who said he put the camera in the bathroom, was likely covering for his brother. Aaron Adair, according to a police complaint, admitted hiding the camera and destroying the memory card when he found out his brother was confessing.
The suit said Jerry later said he lied to police.
The suit accuses the county of not doing enough in light of the voyeurism incident because they took no action against Jerry Adair, neither for any actions related to placing the camera or destroying the memory card, or for his later claim that he lied to police. The suit states Wetteland received "minor" discipline after an investigation of harassment claims, and, after his five-shift suspension was over, Wetteland would have gone back to supervising Noah.
Attempts to reach the Adair brothers were not successful. A call to County Administrator Harry Burgess was not returned. Both the county board of commissioners and the fire department are being sued.
County spokeswoman Julie Habiger said in an email that she would not comment on the pending litigation. In response to a question about whether county officials believe Los Alamos offers a safe work environment for women, she said that the county provides annual training for supervisors and managers and biannual training for all employees to promote a safe work environment.
"We consistently evaluate employee feedback, procedures and processes related to this topic," she stated. "We take pride in providing all of our employees with a safe place to work."
The suit seeks damages on behalf of Noah, including compensation for back pay and punitive damages.
Copyright 2013 - Albuquerque Journal, N.M.
