Man Wins Day in Court in Sex Harassment Case : Lawsuit: Ex-supervisor at firm allowed to proceed with claim the boss’s wife made sexual advances to him.

A former construction supervisor for Atlas Hotels has won the go-ahead to proceed with a lawsuit charging that he was sexually harassed by the wife of the company’s chairman.

Alfred H. Silva’s lawsuit against the company and Charlene Brown, wife of Atlas board chairman Terry Brown, had been thrown out by San Diego County Superior Court Judge James R. Milliken. But earlier this month , the Fourth District Court of Appeal reversed Milliken’s decision, rejecting Atlas’ contention that the statute of limitations had expired on Silva’s claim of emotional distress.

Silva’s 1986 suit alleges that during the 20 months he worked for Atlas, during 1984 and 1985, Charlene Brown made repeated sexual advances, including two occasions when she allegedly disrobed in front of him and demanded that he have sexual relations with her. When he refused, the suit claims, she threatened his job and the job of his girlfriend, another Atlas employee whom Silva later married.

In addition, the suit alleges, Silva’s repeated complaints to his supervisors about Charlene Brown’s behavior were ridiculed and ignored, forcing him to resign to escape what he described as her “relentless” harassment.

“I was forced to leave a job I loved doing, making a good living, because I refused to have a sexual relationship with Mrs. Brown,” Silva said in a court declaration. “She was relentless in her pursuit of me and she had all the power. The company knew she was doing this to me and refused to stop her.”

Steven D. Weinstein, the attorney representing Atlas and Mrs. Brown, said, “Atlas denies the allegations of the complaint and intends to vigorously contest this matter.” The appellate court’s ruling, he pointed out, did not affirm Silva’s allegations. “No facts have been determined by the appellate court. All that happened is that the appellate court said that there should be a trial to determine the facts.”

Silva’s attorney, Catheryn Chinn, was out of town and could not be reached for comment. Chinn has asked for damages of $500,000 from each defendant, as well as court costs.

Silva’s lawsuit alleges that Charlene Brown told him if he cooperated with her sexually she would “make things better” for him within the company. When he wrote her a letter asking to keep their relationship strictly professional, “her response was to laugh and say I was being silly,” Silva alleged in a sexual harassment complaint with the California Department of Fair Employment and Housing.

On one occasion, on a business trip to Mexico, Silva claimed Charlene Brown “invited me to her hotel room to discuss business; while I was there, she stripped naked and asked me to make love to her. I refused and left.”

On another occasion, Silva said Charlene Brown called him and said she was angry he was dating another Atlas employee, the woman he eventually married.

“She became very upset and tearful and said she could not understand how I could date Connie (now his wife), knowing how she felt about me,” Silva alleged in a declaration opposing the summary judgment. “She threatened my and Connie’s employment. . .”

Silva also claimed that Charlene Brown spread false rumors about him, claiming that he was “padding” work estimates.

Silva alleged that he told Hank Hoxie, Atlas’ director of human resources, about Charlene Brown’s behavior on three separate occasions. The first time Silva complained, Hoxie “thought it was a big joke,” Silva claimed. “He laughed and told me, ‘Hey, you play your cards right, Fred, I could be working for you.’ ”

Later, Silva claimed Hoxie refused to take the matter to his superiors, including Charlene Brown’s husband, saying, “Fred, if anybody hears about this and I go to Mr. Brown with this, it’s going to mean my job as well as yours.” Silva also claimed Hoxie told him he would deny ever having spoken about it.

Weinstein said, “Hank Hoxie specifically denied those allegations.”