One thing an employer must not do when an employee files an EEOC charge is to seek criminal charges against that employee. Yet, that is exactly what the San Antonio area Precinct 2 Constable has done. Constable Michelle Barrientes Vela has tried to persuade the District Attorney to prosecute Leonicio Moreno for tampering with a government record and aggravated perjury. Deputy Moreno filed a couple of EEOC charges. Constable Vela believes Deputy Moreno filed a false EEOC charge, so she wants to prosecute him for submitting false complaints. …. ummm, hello. That is what a lawsuit is for, to determine truthfulness of allegations.
The District Attorney, Joe Gonzalez, has wisely declined such a prosecution. Deputy Moreno accused Constable Vela of harassing him on the basis of gender. Deputy Moreno claims he rebuffed sexual advances by the Constable and has suffered retaliation because he rejected her. And, how does the Constable react to these charges? By trying to relaliate further, it seems. See the San Antonio Express News report here.