Sean C. Morgan
Of The New Era
U.S. District Judge Ann Aiken has dismissed a lawsuit against the Sweet Home Elks Lodge brought by Deborah Jensen on the grounds that Jensen filed too late and that the Elks Lodge was not actually an “employer.”
Also dismissed in the claim were individual lawsuits against Elks officials and members Tim Geil, Burlon Miller, Butch Winslow and Jody Geil, and employee Karen Riddle.
Jensen filed the suits alleging employment discrimination based on sex and for retaliation after she complained about the discrimination. She sought unspecified compensation for loss of salary, humiliation, intimidation and scorn.
Jensen was hired to manage the bar at the Elks Lodge in April 2005. Her employment was terminated in June 2005. She filed a Bureau of Labor and Industries complaint in July 2005. BOLI mailed Jensen a “right-to-sue” letter on July 11.
From the date of that letter, Aiken said in her opinion and order, Jensen had 90 days to file the lawsuit, but she filed it more than 90 days later on Dec. 21, 2006.
Under federal law, Aiken said, an “employer” is a person in an industry affecting commerce who has 15 or more employees each working day in each of 20 or more calendar weeks, but it does not include a bona fide membership club that is tax exempt under section 501(c).
Jensen disputed that Sweet Home Elks Lodge failed to meet the criteria because nonmembers may access the lodge facilities and the Elks Lodge lacks meaningful membership criteria, Aiken said. The judge disagreed. The lodge requires members to be 21 years old, believe in God and be a legal U.S. resident. It also requires payment of dues.
Based on the late filing of the lawsuit and her ruling on the club’s status as an employer, Aiken dismissed the suit. She also dismissed the individual suits “due to plaintiff’s failure to effect service on these defendants.”
The district clerk said that Jensen had filed an appeal.
The New Era was unable to contact Jensen as of press time.
Elks Exalted Ruler Dennis Bechtel had not returned phone calls as of press time.
The Elks were represented by Eugene attorney Kevin Burgess.
Roy Smith of Corvallis represented Jensen.