Under the Latin term Respondeat Superior (Let the master answer), an individual would not be held personally liable in a civil proceeding if (a) he (or she) was acting within the scope and duties of his employment or if the action was taken on advice of counsel.
An example of that would be if a state employee withheld records from a reporter on advice of the agency’s attorney but it was subsequently determined in court that the records were actually public and should have been made available upon request. It would be the agency, not the employee, who would be liable in such a case.
A newspaper reporter would be protected from libel damages if he had written something he believed to be factual and it was vetted by editors and published only to be found to be inaccurate and damaging to the subject’s reputation or career. In that case, the newspaper or TV station (or, more accurately, the medium’s liability insurance policy) would pay.
So, it is more than a little curious that Louisiana Department of Health (LDH) paid to defend Attorney Supervisor Weldon Hill—and paid the settlement—in Bethany Gauthreaux’s sexual harassment lawsuit against Hill, a STORY first reported by LouisianaVoice earlier this month.
And why, when the news media requested names of cases involving sexual harassment, was this case omitted. Nowhere in the Baton Rouge Advocate STORY is the Gauthreaux case listed. Was this an honest mistake—or was it by design?
Not only did LDH pay the $40,000 settlement, but the agency also paid more than $76,300 in legal fees to the Baton Rouge law firm of Keogh Cox and Wilson ($69,828), the Louisiana Attorney General’s office ($1,258), Court Reporters of Louisiana ($2,183), Walgreen’s ($27), the East Baton Rouge Clerk of Court ($2,611), North Oaks Medical Center ($250), and for photocopies ($186).
And how did that particular law firm wind up with the contract to defend Hill and LDH? The very fact that the LDH Deputy General Counsel, under whom Gauthreaux worked, was Kim Sullivan should have disqualified the firm.
Attorney Chad Sullivan is Kim Sullivan’s husband and he works for Keogh Cox and Wilson, a fact that the firm should have disclosed. By virtue of supervising plaintiff Gauthreaux, Kim Sullivan was a potential co-defendant—and witness—in a case defended by her husband’s law firm. (Click HERE and move your cursor to the first photo on the third row—the first one with a beard. That’s Chad Sullivan.)
Including the $40,000 settlement, the TOTAL COST to LDH was just north of $116,300 to defend an employee who, it would seem certain, was not acting within the scope and duties of his employment. And it would appear he was certainly not acting on advice of legal counsel (though he is himself an attorney) when he was said to have asked highly personal questions about breast feeding her newborn infant, pressed his body against hers as she monitored her computer screen, and placed his hand on hers atop the computer mouse.
And moving her and two other women from their eighth-floor offices to the fifth floor—Gauthreaux to a converted supply room with no phone—would seem something of a gray area insofar as the Respondeat Superior doctrine would apply as would the statement attributed to Hill that he felt women “have nothing to say,” and his timing women employees’ bathroom breaks.
So, now the state is out more than $116,000 because of the actions of Hill, his supervisor, LDH Executive Counsel Stephen Russo, General Counsel Kimberly Humble, and others up the food chain—and because of the inaction of LDH’s Human Resources Office, which should have taken appropriate steps as soon as it was aware of the harassment, but curiously did not.
And just where was LDH Secretary Dr. Rebekah Gee while all this was going on? After all, someone anonymously (for obvious reasons, given the climate at LDH) placed a copy of Gauthreaux’s lawsuit on the windshield of Dr. Gee’s vehicle.
To get those answers, LouisianaVoice emailed Dr. Gee on Jan. 19, posing three simple questions:
- What action do you plan to take regarding the sexual harassment lawsuit settlement against your legal department, specifically, Mr. Weldon Hill?
- Why did Mr. Hill’s supervisor(s) and/or DHH HR not initiate some kind of remedial or disciplinary action?
- Why did you not take some type of remedial or disciplinary action when you first found a copy of the Ms. Gauthreaux’s lawsuit on your vehicle windshield?
Dr. Gee never responded even though LouisianaVoice received a return receipt indicating that she did open that email.
So, a follow-up email was sent to Dr. Gee on Jan. 23:
Dr. Gee, I don’t mean to pester you, but I would remind you that to ignore my questions below would not serve your or LDH’s best interests. It almost seems as if you are trying to conceal information. Many a public servant has learned the hard way that eluding questions and refusing to face issues head-on usually backfires in the end. This litigation was a serious matter that deserves your serious attention. I will not bother to ask you again but should you choose to continue to ignore this issue, I will have no choice but to so state in my follow-up articles.
The same three questions were attached to the bottom of that email and a return receipt indicated she opened that email as well.
But she still has yet to respond.
Meanwhile, Hill and Russo continue at their jobs which pay them $100,000 and $138,500, respectively, while Gauthreaux was forced to quit her $42,500-per-year attorney position. And the word is that Hill is planning to quietly retire.
Not only should Dr. Gee answer the three questions LouisianaVoice put to her, but these as well:
- Why did the state pay Hill’s attorney fees and the settlement without demanding some payment from him?
- Why was he not summarily fired once the details of his actions were known?
- Why was Russo and LDH’s HR Department not held accountable?
- And finally, just what is the purpose of the mandated sexual harassment classes for state employees if those in supervisory positions are going to simply look the other way and not themselves be held accountable?
We’re waiting.


