Head of HR sexually harassed intern who wanted to make DSHS more inclusive, lawsuit says
A man who says he was sexually harassed as an intern at the state Department of Social and Health Services, by the head of human resources at the time, has sued the state.
Bastian McKeen, 24, filed his lawsuit June 12 in Pierce County Superior Court.
It seeks unspecified damages, but a claim filed as a precursor to the suit sought $1.5 million.
McKeen and DSHS declined to comment on the pending litigation.
The HR official McKeen accuses of the harassment was not reachable for comment. He has not been criminally charged.
The complaint, which is one of two lawsuits filed against the state regarding the HR official this year, gives this account of McKeen’s allegations:
He accepted the internship in June 2017.
“As a state intern with DSHS, Plaintiff McKeen’s tasks included raising any diversity issues and crafting potential resolutions.,” the complaint says.
His supervisor introduced him to David Stewart, the Senior Director of Human Resources July 13, 2017, “to discuss Plaintiff McKeen’s DSHS diversity and inclusion concerns and the creation of an employment position after the conclusion of Plaintiff McKeen’s internship.”
Stewart set a meeting for the following week, and the day of the meeting put his hand on McKeen’s shoulder and said: “I look forward to speaking with you later today.”
Soon thereafter Stewart met with McKeen in his office.
McKeen thought the meeting would be about: “expanding equal employment opportunities within DSHS for the LGBTQ community. But Stewart had different plans, and Stewart turned the meeting into an opportunity to sexually harass, discriminate, and intimidate Plaintiff McKeen,” the complaint says.
Stewart allegedly asked McKeen personal questions and made personal statements that made McKeen uncomfortable.
At the end of the meeting Stewart allegedly hugged McKeen and kissed the intern’s neck.
“Stewart immediately recognized that his behavior violated DSHS’ policy, and he apologized for taking ‘a liberty,’” the complaint says. “As McKeen was leaving, Stewart said, ‘I am excited for this opportunity for you, and maybe we can have some fun down the road.’”
McKeen told his supervisor what happened, and the State Patrol started investigating.
Stewart allegedly asked McKeen’s supervisor at a meeting July 21, 2017: “where’s my buddy today?”
The supervisor said McKeen wouldn’t be at the meeting, and Stewart allegedly replied: “well, what a butt.”
Stewart told another HR worker, upon learning he was under investigation for sexual harassment of McKeen, “that he was worried of possibly getting fired for a hug when he was so much more sexually inappropriate with other DSHS employees, interns, and/or volunteers,” the complaint alleges.
The HR employee he spoke to, then-office chief Jeremy Satre, has also filed a lawsuit against the state. That complaint, filed earlier this year in Thurston County Superior Court, alleges sexual harassment by Stewart.
Stewart’s pay was cut by 5 percent for six months following McKeen’s allegations. That amounted to $3,246 of his $129,804 annual salary, for violating DSHS’s sexual harassment policy.
McKeen’s internship ended Aug. 8, 2017.
“He did not pursue a career with the State because Stewart remained in his position as Senior Director of Human Resources, and he was worried about continued harassment and discrimination,” the lawsuit says.
Stewart resigned four months later.
According to a State Patrol report filed as part of McKeen’s claim:
Stewart told an investigator that he did not tell McKeen he would create a job for him, and did not offer him a job.
Stewart denied kissing the intern’s neck. He said he did hug McKeen, because he was proud of him. He said the hug was inappropriate because he did not have permission. He also said that he did not make sexual advances toward the intern at any time.
He said that he did not believe their conversation violated policy, and he denied making the comment about fun down the road.
This story was originally published June 28, 2019 at 4:23 PM with the headline "Head of HR sexually harassed intern who wanted to make DSHS more inclusive, lawsuit says."
