Worker: witchcraft was used by supervisor

Copyright © 2008
Gallup Independent
By Karen Francis
Diné Bureau

WINDOW ROCK — A pretrial conference in the case of a Navajo Child Support Enforcement worker who claimed she was forced to work in a hostile work environment by a supervisor who said he was protected by witchcraft is moving ahead.

Wednesday, Window Rock District Court Judge T.J. Holgate gave the Navajo Nation 10 days to file a motion to dismiss the case, Evangeline Logg v. Navajo Nation Child Support Enforcement, for lack of jurisdiction. From there, Logg’s attorney David Jordan has 15 days to respond and the Navajo Nation is then given 10 days to reply back.

After the deadlines are done by Sept. 29, Holgate will review the motion and decide whether to hold a hearing or approve the motion to dismiss.

If the motion to dismiss is rejected then the pretrial process will proceed, Holgate said to the parties on Wednesday morning.

The case came about because the Navajo Nation has not fulfilled its part in an agreement accepted by the Navajo Nation Labor Commission on May 29, 2007. The agreement would have put an end to Logg’s complaint against the Nation, which was filed with the Navajo Nation Labor Commission on May 26, 2005.

Logg’s original complaint alleged that CSE violated the Navajo Preference Employee Act and her former supervisor William Nez created a hostile work environment, which included sending Logg a letter on presidential letterhead stating that he was protected by witchcraft. Logg’s job with the tribe ended in June 2004 when she was on medical leave, according to labor commission documents.

According to the terms of the agreement, Logg would receive back pay in the amount of $29,369.60 from tribe and be rehired at a pay rate comparable to what she was making when she was working for Child Support Enforcement.