A Salt Lake County man is suing eBay Inc. for nearly $4.9 million, claiming he was unfairly demoted and then sexually harassed by his replacement and new supervisor.
In his U.S. District Court complaint, Emmanuel D. Kepas says he was manager of the online auction company's technical troubleshooting eWatch Team in Draper from July 2003 to January 2005, when he was demoted by his supervisor, Carolyn Patterson, as part of an alleged conspiracy of several female co-workers to have him removed.
As manager of the 12-member unit, the suit says, Kepas always received excellent performance evaluations. However, in November 2004, he claims, Patterson berated him for unspecified reasons in a telephone call. He reported the incident to higher-ups, and about a month later Patterson demoted him from manager to analyst.
Kepas, 45, says he was replaced by Susan Dutton, a woman eight years younger. Not long after, Kepas claims, Dutton began exhibiting inappropriate sexual behavior that allegedly escalated to office advances and an invitation to her home.
Kepas, married and the father of six children, says he asked for a transfer but was refused. He then reported the incidents to eBay's internal ethics hot line. Dutton, he says, retaliated by trying to redistribute his stock options.
He contends the hostile working environment and associated stress led to the onset of a hearing disorder, tinnitus, in August 2005. The condition got progressively worse. By February, Kepas was in counseling for depression, anxiety and insomnia, and began having difficulties breathing. His tinnitus - a high-pitched ringing in the ears - purportedly became so bad he could not work.
On June 29, the U.S. Equal Employment Opportunity Commission issued Kepas a "right to sue" notice. The complaint was filed Wednesday before U.S. District Judge Dee Benson. No hearings have been set.
Neither Patterson nor Dutton could be reached Friday. EBay spokeswoman Catherine England said she could not comment on current litigation, but underscored that the company "maintains a no-tolerance policy toward discrimination of any kind." Kepas took unpaid administrative leave and since has been under the care of several doctors. Meantime, he says, eBay has refused to discuss his claims against the company unless he does so without his attorney. He seeks $4.83 million for lost and future salary and bonuses, medical and therapy bills, lifetime hearing problems and punitive damages related to sex discrimination and harassment, unlawful retaliation, age discrimination and breach of his employment contract.
This is just too funny, all the way around.
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