NOTE: If you believe yourself to be a victim of workplace harassment or assault, resources are available. Crisis Support Services of Nevada has a hotline at 800-330-0226. The Rape, Abuse & Incest National Network (RAINN) has a sexual assault hotline at 800-656-HOPE.
Kat Olson quit working as an environmental health specialist at the Washoe County Health District late last year. She joined the district in 2020 just prior to the COVID-19 pandemic.
Her tenure there, she said, was marked by long hours and hard work, especially during the pandemic. A relationship with a colleague who started about the same time as her developed as a friendship. That changed in late January of last year.
The work colleague, Josh Philpott, had become a friend and confidant, Olson said. The two had drinks after work at a Fourth Street bar. At the bar, Olson said Philpott grabbed her by the neck, touched her and rubbed her leg.
“I sincerely believed that Josh and I were good friends,” she said. “Looking back, I don’t know that I really knew this person very well, but because his presence was so much of a constant in my life through his texting and seeing him at work, maybe that’s why I felt like we were close friends; like I could open up to him, and boundaries started to blur.”
Olson said, in hindsight, that there were a number of red flags and she believes Philpott had been taking advantage of her over the long term – grooming her to be comfortable with comments and behaviors she otherwise would have considered inappropriate. She said Philpott appeared to be monitoring her whereabouts via information gained in messages and a work calendar.
Friendly text messages, on personal phones, between them were increasingly, according to Olson, “sexually suggestive” and included gaslighting and “grooming” language, as well as references about her looks, sexuality and her personal relationships.
Philpott would also send her selfies and invite her on vacations, she said. Olson is married. She said texts came at all hours of the day, night and early morning.
“The events that occurred at The Jesse sank in incredibly quickly,” she wrote as part of extensive documentation compiled for a complaint against Philpott. “I was also thinking about past comments he had made … regarding my ass, the way I looked, references he would say that I would brush off, all the selfies he’d send me, texting while drunk …”
She confronted him.
“I thought that he was just ‘being a guy’ and that I should have put up more boundaries to begin with, then I wouldn’t be in the situation I was in,” she said.
In a text, Philpott wrote, “I’ll be the bad guy, I’m good at it. You said quite a few times that I had intent or something along those lines. I’d say that’s accusatory.”
Olson said his being “handsy” is when things changed.
An attorney Olson subsequently hired called the incident at The Jesse sexual assault. The U.S. Department of Justice defines sexual assault as “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent,” and Washoe County policy defines sexual harassment, in part, as including “inappropriate physical contact.”
‘Off the rails’
Olson said Philpott’s responses to her after she confronted him amounted to victim-blaming. He accused her of being “pretty judgmental, which I don’t like…” He also said she “ran to the dark side,” according to text messages provided to This Is Reno.
“I cared to hear what upset you BC (because) I don’t want to make you feel that way,” Philpott texted to her. “I wanted to apologize for anything I did that made you feel that way BC that’s not fair for me to do regardless if I realized it or not. But you went off the rails pretty quickly and ended with, now I owed you coffee because of what happened.”
They continued to work together for about a month, a period Olson said grew increasingly uncomfortable. She said being in Philpott’s presence caused her anxiety.
“I did not want to initiate any contact with him in an effort to put distance between us, but still felt obligated to respond and keep things nice if he texted me because I didn’t want any repercussions at work,” she said.
Olson notified WCHD’s Environmental Health Services Director Erin Dixon in late March 2022 about her concerns. Dixon allegedly told Olson her “hands were tied” because actions allegedly occurred outside of the workplace.
Olson disputed this response.
“I want to make sure you understand that Josh firmly grabbed my throat; his hand shaking up and down,” she wrote to Dixon. “His actions have caused me to have sufficient anxiety in the workplace and have thus created a hostile work environment.”
She further cited incidents that occurred during work hours. She also filed a police report, expressing concern about workplace safety. Olson said the Reno Police Department refused to investigate her claims, calling them a “workplace matter.”
“I typically have a hard time standing up for myself and setting clear boundaries, and I believe Josh picked up on that behavior about me and used it for his own gain,” she said.
The Health District would not make Philpott, who is still a district employee, available for an interview to get his side of the story.
‘No sufficient evidence’
Washoe County’s sexual harassment policies maintain that harassment can be verbal and physical, including inappropriate physical contact, derogatory statements, comments, jokes and “online activity that negatively affects the workplace.”
Washoe’s County’s Human Resources Analyst, Indu Moore, said Olson’s claims could not be substantiated, and county sexual harassment policies were not violated.
“In general, you alleged Mr. Philpott sexually harassed you and also engaged in behavior which could be deemed as bullying, threatening, stalking, and violent in nature,” she wrote in a letter a year ago. “Based upon the totality of the evidence, the allegations against Mr. Philpott related to sexual harassment are not sustained as the investigation did not validate Mr. Philpott engaged in unwelcome conduct through your mutual text message exchanges.
“This determination was based on the high volume of mutually exchanged text messages, the length of time of ongoing communication, and the nature of the conversations which took place via text,” she added. “When you advised Mr. Philpott that you were uncomfortable with the interactions which took place at the Jesse Bar, it is our understanding, he did not engage in any further behavior which could be deemed as inappropriate or retaliatory.”
Philpott, however, was found to have violated the county’s code of conduct “for unprofessional and inappropriate comments as evidenced through the text message exchanges,” Moore added.
Upon receiving Moore’s letter that closed the investigation, Olson went on leave for about a month. When she returned to work at the end of July 2022, she requested separation from Philpott, including a security escort. She also requested accommodations for post traumatic stress disorder, symptoms of which she said were triggered by Philpott’s presence. Olson provided to This Is Reno a copy of the PTSD diagnosis made by a healthcare provider.
She also filed a complaint with the Nevada Equal Rights Commission and ultimately the federal government’s Equal Employment Opportunity Commission.
Working in isolation
The county’s harassment policy says one example of discrimination is “physically isolating or segregating employees because of their membership in a protected class” and retaliation occurs when an employer takes negative action against an employee for opposing harassment or discrimination.
Olson said that’s what happened to her. After returning from being on leave for about four weeks, Olson said the county’s response to being separated from Philpott was to isolate her by having her work from home.
“I was forced to work almost entirely remotely in order to avoid Mr. Philpott while he was permitted to continue to go into the office to work,” Olson wrote in a complaint to the U.S. EEOC. “I strongly preferred to go into the office to work… I felt that I was being penalized while Mr. Philpott continues to work without repercussion.”
That complaint was filed about six months after the initial complaint was filed to the county and after another complaint was filed with the Nevada Equal Rights Commission.
Olson gets investigated
The county closed its investigation in June 2022. When she returned to work at the end of July, her colleagues were naturally curious as to where she had been.
She told them where and why. That’s when she believes Washoe County began investigating her.
“Agency management … sought to silence me from opposing discrimination by instructing me, and others, not to speak about harassment and discrimination and initiating an investigation against me because I spoke about my experience being harassed in the workplace,” Olson said.
She hired an attorney.
“A cursory review of the facts suggests her legal claims include harassment, discrimination, and retaliation in violation of federal and state anti-discrimination laws,” Olson’s attorney, Cori Cohen of the D.C.-area law firm Gilbert Employment Law, wrote to District Health Officer Kevin Dick, the county’s human resources director and County Manager Eric Brown.
(The Washoe County Health District operates as an independent agency from Washoe County and is governed by the District Board of Health. Two health board members refused comment for this story and deferred responses to WCHD Communications Manager Scott Oxarart. He too would not comment.)
Cohen demanded the county preserve all county records “in anticipation of litigation.”
About two weeks later, Cohen fired off another letter to county officials. She told county officials preventing Olson from speaking about her complaint or the investigation was unlawful.
County harassment policies don’t require employees to remain silent. What they do say is: “The County cannot guarantee complete confidentiality because the County must conduct an effective investigation.”
“I cannot remain in an organization as toxic as this one.”
According to Cohen, “[EHS Supervisor Amber]English …met with Ms. Olson and expressed concern about Ms. Olson informing others that she was subjected to harassment and sexual assault in the workplace. Ms. English suggested that Ms. Olson was barred from discussing her claims of discrimination. In addition, we understand that management has instructed other employees not to discuss Ms. Olson’s claims of harassment and discrimination.”
That, Cohen said, was unlawful. The Health District would not make English available for an interview. Olson said English was “a safe person” to go to during the ordeal.
“Ms. Olson’s, and her colleagues’, discussion of the discrimination and harassment to which Ms. Olson was subjected constitutes protected activity,” Cohen added because, in part, forcing them to remain silent sends “an unequivocal chilling message that if employees pursue their civil rights and oppose discrimination they may be subjected to adverse action…”
Olson said a whisper campaign began after she hired legal counsel, with colleagues asking her if she “had spoken with HR.” She had not.
Washoe County officials asked Cohen for Olson to participate in an investigation by answering questions. Olson said she believed the investigation was to revisit allegations against Philpott.
“My first reaction was that Philpott preyed on another woman and that this was what the second investigation was about. As the whisper campaign began, that’s when I started to get the feeling that the second investigation was actually about me,” she said.
Nor was Olson informed the county had already begun the investigation. She said she later found out the new investigation included interviewing colleagues even while they were working at their cubicles for others to hear. A WCHD employee, speaking on the condition of anonymity, confirmed to This Is Reno the investigation began weeks before Olson was notified.
Washoe County Human Resources Analyst Cole McBride in October sent to Olson three pages of questions along with a letter confirming she was the one being investigated. He said Olson “allegedly violated” Washoe County’s harassment policy and code of conduct. The county accused Olson of violating the “confidentiality of the investigation” and again ordered her to not discuss the case.
“This investigation regards allegations against Ms. Olson for breaking County confidentiality around a past HR investigation,” McBride wrote. “In the event we do not receive truthful responses, further disciplinary action could be taken against Ms. Olson.”
‘We obviously have work to do’
Olson then resigned.
She said of McBride’s questions, “Yes to all the above.” She did share her experienced about what happened because she believed they deserved to know.
She sent, on her last day of work, an email to her colleagues and copied District Health Officer Kevin Dick.
“This chapter in my life could have gone in a very different direction, and I’m certain I would not be able to find any silver lining in this experience if it weren’t for the support of many other incredible women around me,” she wrote. “I am endlessly appreciative for you.
“Please don’t send out some pretentious email wishing me luck on my next adventure – I know my worth and I won’t need it. This division will.”
Olson said Dick did not respond. WCHD would not make Dick available for an interview.
Dixon, however, did respond to Olson’s message days later — after Olson had quit. She wrote an email to WCHD’s environmental health and safety staff, an email that was provided to This Is Reno. Dixon did not respond to Olson’s specific points but acknowledged the Health District has work to do.
“Workplace safety is a serious topic and a foundation of a quality culture,” she wrote to employees. “My goal for EHS is that we have a culture that supports working hard, having pride in our work, and pushing the limits of what we have previously thought possible.
“That we do this through a team environment, regardless of program or role, and that everyone knows the importance of their contribution. That mistakes are seen as a learning opportunity and difficult conversations are approached with respect and good intentions,” Dixon added.
“Most importantly I want everyone to feel supported both personally and professionally. Through basic observation and feedback … we obviously have work to do to reach this goal. I am asking for your help as a healthy culture cannot be developed or maintained by just one person. It is a team effort from all levels.”
$71,000 settlement
The county reached a settlement with Olson in April. She got $19,000 for three months pay as a severance, $25,000 in damages, and the county paid $27,000 to Olson’s attorney to cover legal fees.
Health District officials agreed to take harassment training, and county human resources investigators and attorneys also have to take training on “Investigating Claims of Harassment.” The law firm Olson hired would be the one to teach the course.
Olson agreed to withdraw the complaints she filed with EEOC and NERC as part of the settlement. County officials wanted her to sign a non-disparagement clause.
She refused.
“Ostracizing a victim from the workplace as the only option for separation from her abuser has been incredibly depressing,” Olson wrote to her colleagues. “Failing to protect future employees from a known safety hazard is negligent. Retaliating against a victim under the guise of an investigation surely sends a message to other victims of harassment to continue suffering in silence or face the consequences.
“I cannot remain in an organization as toxic as this one.”
Soon after getting the settlement check from the county, Olson approached the news media.
