A female officer aboard a TOTE ship has alleged that she was harassed and threatened by a subordinate and punished for speaking out.
In a lawsuit against the US shipowner, she alleged that she eventually developed post-traumatic stress disorder that has prevented her from returning to sea.
The plaintiff, identified as TS due to a court order withholding her name, worked aboard the 3,100-teu Perla del Caribe (built 2018) for a month from December 2018 until January 2019.
There, she took steps to conceal her personal life due to concerns about sexism and homophobia, even wearing a fake wedding ring, the lawsuit said.
But after coming out as a lesbian to a shipmate, he allegedly became insubordinate and her work received extra scrutiny from the captain. In one incident, TS said she was confined to her cabin for nine hours.
"After these traumatising experiences, TS — who aspired to have a long career as a seaman — is fearful to the shipping industry out of fear for her safety," the woman said in a lawsuit against TOTE Services, the ship-management arm of the TOTE group.
"She has suffered great financial and emotional losses, and continues to experience medical problems due to the effects of the trauma."
According to the lawsuit, the issues began in late December, when third mate TS told able seaman Efran Ramos Sosa that she was dating a woman casually back home after he discussed his relationship with his girlfriend.
From there, Sosa allegedly became "openly hostile" toward TS, including making homophobic remarks, telling her he once set fire to the car of someone who wronged him and began refusing to take orders.
When TS complained to the Perla del Caribe's captain, Kevin Stith, the master allegedly pleaded with Sosa to do his job and told TS she should not have mentioned being gay.
After an alleged 3 January 2019 incident where Sosa again refused orders, TS called on Stith who ordered her to her cabin.
The lawsuit said for the first 20 minutes of her confinement, her intra-ship phone line was disabled. She requested to TOTE human resources that she be allowed to leave the ship, which was denied pending investigation.
"TS was terrified, and wanted to leave the ship immediately," the lawsuit said. "She sent [human resources] her notes on the situation, ending with: 'Please help me.'"
When TS returned to work, this time with a different able seaman, Stith allegedly chastised her for not performing a task he had completed six days prior. The scrutiny was said to have continued.
At one point, Stith allegedly promised TS she would not have to work with Sosa again before pressuring her to tell her why she felt unsafe when she requested to use the satellite phone to call her union.
By 6 January, she was taken off the ship after complaining to human resources that she felt unsafe.
She was told she could return to the ship, but resigned on 28 February.
After she left, human resources allegedly asked if she had been in a sexual relationship with Sosa, asked if she had sexually harassed him and told her it would take six weeks to complete their investigation.
Since, the lawsuit said TS, a graduate of California State University Maritime Academy, has worked as a bartender and waitress. She is currently unemployed and experiences "trauma flashbacks, vomiting, fainting, recurring nightmares, insomnia, hyper vigilance, hair pulling, vertigo and headaches", the lawsuit said.
She also alleged that she is prevented from accessing just over $2,000 held in her American Maritime Officers' pension plan. She is suing for discrimination, harassment, infliction of emotional distress and blames TOTE for her resignation.
She seeks unspecified damages.
The lawsuit was originally filed in Washington state court as TS lives in the Seattle area, but moved into federal court at the behest of TOTE. The company said awards in such cases nearly always exceed jurisdictional dollar amounts.
"TOTE Services denies all of the allegations in the lawsuit and will put forth a vigorous defence," the company said.
"TOTE Services does not intend to comment further while the case is pending.”
The Jacksonville, Florida-based ship manager is the only defendant in the lawsuit.
