Update Appended
Two former UCLA employees have filed a lawsuit against UCLA
surgeon Gerald Buckberg and the UC Regents, alleging Buckberg had
sexually harassed them and that when they complained, they were
retaliated against.
Buckberg, who is still employed by the university, is a
professor of cardiothoracic surgery and a practicing surgeon at the
UCLA Medical Center.
The lawsuit, filed last month, says Amy Pape and Judith Becker
were subject to an intimidating and offensive work environment,
causing them emotional distress.
The lawsuit alleges that Buckberg was intentional and direct in
creating the hostile environment.
Buckberg, who has no previous criminal convictions, declined to
comment on the lawsuit, deferring to his lawyer.
Ann Penneres Bergen, an attorney for Buckberg, said, “We
deny all allegations and intend to vigorously oppose the
lawsuit.”
After consulting with Buckberg’s head attorney, Mark
Smith, Penneres Bergen said she could not make any other statement
on the allegations.
Since both women were employees of the UC, the regents were
included in the suit.
“We, the regents, as Buckberg’s employer, could be
liable for his actions, if they are proven, if we didn’t take
any actions to remediate it,” said university counsel Eric
Behrens.
“The university’s responsibility is to insure there
is a workplace which is free of the hostile environment which was
complained of here,” Behrens said.
A hostile environment refers to one in which work becomes
intolerable. The lawsuit alleged that such an environment was
created during Becker’s and Pape’s employment for the
defendants.
Becker was an employee of the defendants since 1980 and was laid
off in July 2002 after, the lawsuit says, she filed a complaint of
workplace harassment. Pape worked for Buckberg from May 2000 to
January 2001, but continued working for the UC for about a year
after her employment with Buckberg ended.
Shortly after both women began working for Buckberg, he
subjected them to unwelcome sexual harassment, the lawsuit
said.
By law, when an employee complains of sexual harassment, the
employer is required to investigate immediately and thoroughly,
said Cara Eisenberg, attorney for the plaintiffs.
“UCLA did undertake an extensive investigation, and did
find that there was sexual harassment ““ what they call a
hostile work environment ““ and that there was retaliation
against Judy Becker,” Eisenberg said.
Behrens and Eisenberg both said the university investigation was
done by Pam Thomason, UCLA’s sexual harassment officer.
According to Eisenberg, after a lengthy investigation, Thomason
came to the conclusion that the plaintiffs’ claims were
founded.
Thomason said since investigations are confidential, she cannot
confirm she conducted one.
Update: March 16, 2004, Tuesday
Since this article was published, Gerald Buckberg has been
exonerated of all charges.