AUBURN - A woman who has accused Cayuga County of discriminating against her after she filed a sexual harassment complaint against her boss, will take her case to trial after part of her case was upheld in Cayuga County Supreme Court Tuesday.

In the lawsuit, Rebekah DeTomaso, the former director of nursing at the Cayuga County Nursing Home, accused the county of retaliating against her by passing her over for promotions, by failing to honor her request to return to work and by placing stricter guidelines on her when she wanted to return to work than on Robert Flynn, the Cayuga County Nursing Home administrator who admitted to harassing her.

Flynn pleaded guilty in 2004 in Sennett Town Court to leaving a harassing message on DeTomaso's work phone.

Flynn was allowed to remain on the job despite the harassment charges.

The county placed him on probation and fined him $2,500. He eventually resigned.

DeTomaso's attorney, Stewart Weisman, said that before DeTomaso filed a harassment complaint against Flynn with the county, she would replace him as the administrator whenever he went on vacation in accordance to company policy. After she filed the complaint, her subordinates were selected.

Weisman also said that Flynn was allowed to return to work with a hand-written, one-paragraph doctor's note while DeTomaso was required to get a mental and physical evaluation and had to turn in a five-page, single-spaced medical report before she was allowed to return to work.

“(DeTomaso) is seeking damages for emotional and mental distress,” Weisman said. “This is a hard thing to quantify, and we think this case should go to a jury for a decision. In the 21st century, no employee should have to suffer this type of abuse, and we will tell the jury that's what happened.”

The case, filed against Flynn and the county, has been scheduled to go to trial on Oct. 27

Attorney Matthew Fletcher, representing the county, said two other charges against the county for sexual harassment and post-lawsuit retaliation were dismissed.

Fletcher also said that while Flynn's actions were grotesque, they did not warrant harassment, and as such he was allowed to return to work after he dealt with his diabetes problem, which Flynn claimed gave him mood swings.

Flynn also had to sign an agreement with the county, which Fletcher said he failed to live up to, resulting in his resignation.

Despite Fletcher's arguments and the dismissal of two of the charges, Weisman believed his client was ready for trial.

“Two of the charges may have been dismissed, but the meat and bones of our complaint still stands,” he said. “We shall see what happens and hope for the best.”

Flynn and his attorney were not available for comment Tuesday.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net