Beale worker gets money in bias lawsuit

A federal worker at Beale Air Force Base who said she was called a "typical blue-collar type," a bitch, a complainer, a troublemaker and "not management material" will be paid $490,000 by the Air Force to settle her gender discrimination lawsuit.

Marysville resident Suzanne A. Mertes — a civilian who has worked at Beale since 1979 and was born on the base — will also be promoted to a supervisor position and receive back pay, according to the settlement filed Feb. 22 in federal court in Sacramento.

The case had been set to go to trial March 11.

Mertes, in a legal filing by her attorney, was described as a "female in a largely male environment."

Beale spokesman Sgt. Zachary Wilson said he was unable to comment Wednesday.

Lauren Horwood, spokeswoman for the U.S. Attorney's Office in Sacramento, which represented the Air Force in the case, said the settlement the government reached does not mean officials agree with assertions that Mertes made in the case or that the military admits liability.

Mertes' attorney, Victor Thuesen, said of the $490,000 settlement that the case is worth what the government agreed to pay.

"When an employer pays that kind of money, I don't care whether they admit liability or not," Thuesen said.

Mertes, who declined to comment, will also receive up to $40,000 in back pay, her attorney said.

"Beale Air Force Base has had an investigative report for, I'd estimate, about two years," the attorney said.

Thuesen said the report substantiated Mertes gender discrimination claims.

"For some reason, the Air Force sat on this report and ignored those findings," he said.

Mertes said that despite having superior qualifications, she was not promoted to supervisor in a support division that in 2004 replaced the 9th Transportation Squadron.

"I believe I was not selected, even though better qualified in the transportation area, because I am a woman. I have no doubt about that," Mertes wrote in one court document.

Management went to great lengths to ensure she wasn't promoted, Mertes said, while males easily won promotion.

"Management could accept having a female in a clerk position, but not in a supervisory role," she wrote.

Mertes, in a separate communication had written, "My father retired both as a military member and civilian at Beale, so this is truly my home."

Her federal lawsuit also claimed sexual harassment. Mertes alleged she was called a "bitch" at work.

Bobbie Montoya, the assistant U.S. attorney who handled the case, had said in court filings that the "bitch" comment alleged by Mertes is an unwelcome statement in the workplace. But Montoya argued as to whether the word's use was of a sexual nature.

"Simply referring to a fellow employee as a bitch may not be enough to constitute sexual harassment," Montoya wrote.

Horwood said the settlement concludes the case.

"This is the end of it," Horwood said.

Contact Appeal reporter Ryan McCarthy at 749—4707 or rmccarthy@appeal-democrat.com