City Employee Sued for Masturbating at Subordinates

A Lead Worker in the Office of Voter Registration was sued in the Eastern District of Pennsylvania for allegedly exposing himself to co-workers.

The man was found guilty of indecent exposure and criminal attempt of indecent assault without consent in December of 2016. One of the flasher’s victims has now sued him and the city for causing injuries including but not limited to depression, anxiety and PTSD.

The last thing most people want to see when arriving at work is a penis, particularly their boss’s, but this was exactly the case for workers in Philadelphia’s Office of Voter Registration stating in at least 2006.

According to the complaint, one Francisco Martinez had a habit of exposing himself to employees, and the city did almost nothing to stop him.

The plaintiff in the case says Martinez cornered her alone in a room at the office, turned out the lights, then proceeded to pull out his penis and began masturbating, all while asking her to join him. She also says Martinez victimized other employees, admitted to masturbating in the office and even made light of resulting complaints by joking about his fly still being down.

The plaintiff says the city has records of written complaints about Martinez’s behavior being submitted in 2006, 2007 2008, 2008, 2015 and 2016, and yet took no action to eliminate the hostile work environment, let alone punish or reprimand Martinez.

The plaintiff claims she is suffering direly from Martinez’s behavior, and the city’s subsequent lack of effort.

“As a result of the severe, pervasive, hostile, and discriminatory treatment, Plaintiff has in the past required, and may into the indefinite future be prevented from attending to her normal duties, occupations and avocations. In addition, she has suffered in the past pain and may suffer into the indefinite future, mental anguish, anxiety, embarrassment, humiliation, loss of sense of worth and well-being, inability to engage in her normal activities and the inability to pursue the normal and ordinary pleasures of life,” according to the complaint.

She says the city, “breached its duty by continuing to employ Defendant Martinez after it became known to the [city] that Defendant Martinez had criminal and perverted propensities.”

Martinez was found guilty in criminal proceedings and sentenced to two years probation by Judge Lydia Y. Kirkland of the Philadelphia County Municipal Court in December of 2016. He was also ordered to register as a Megan’s Law tier 1 sex-offender, and is not considered a sexually violent predator.

The plaintiff in this separate civil case is represented by attorneys Isaac H. Green and Zainab K. Ali, and is suing Martinez and the city on 15 counts ranging from negligent retention to employment discrimination via a hostile work environment for women. Judge Michael M. Baylson is presiding over the trail.

City Hall and the Office of Voter Registration did not return calls requesting comment.

Update: Ali, who is representing the plaintiff, said in an email that Martinez has not yet been served, and therefore may not be aware of the pending civil suit.