- Posted December 23, 2011
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California NBA star guard sued for alleged sexual harassment Woman claims she was fired after player's wife discovered text messages
By Terry Collins
Associated Press
OAKLAND, Calif. (AP) -- A former Golden State Warriors employee filed a sexual harassment lawsuit against star guard Monta Ellis on Wednesday, alleging Ellis sent her unwanted texts that included a photo of his genitals.
In her lawsuit, which also names the team, Erika Ross Smith alleges Ellis began sending her several dozen explicit messages, sometimes several times a day, starting in November 2010 through January while she worked for the team's community relations department.
The messages included lines such as, "I want to be with you," and "Hey Sexy," and periodically asked her what she was wearing or doing, according to the lawsuit.
Smith would often reply with "What do you want?" or "I am sleeping," the lawsuit claims.
"On a micro level, my client has endured unwanted harassment, has suffered and continues to suffer emotional distress and trauma," her attorney, Burt Boltuch, said at a news conference in his Oakland office. "On a macro level, this type of conduct, especially in the sports world, must stop.
"She was embarrassed. She was intimidated. She felt scared and helpless."
The Warriors deny the allegations, saying Ellis and Smith had a "consensual relationship."
At a charity event in nearby Alameda, Ellis would only say that the team has responded.
"It's a legal matter, we'll let it play its course," Ellis told KTVU-TV. "Y'know, what happens, happens."
Boltuch said his client rejected Ellis' advances and feared that no one would believe her.
"I was treated unfairly. I was let go," Smith said at the news conference. "It wasn't my fault that I was let go."
Boltuch also showed a photo of what he said was Ellis' genitalia that the guard allegedly sent to Smith's work-issued cellphone on Dec. 17, 2010, a day after he complained to the team about her job performance.
When questioned if the photo came from Ellis, Boltuch responded, "We know it came from him."
Rick Welts, the Warriors' president and chief operating officer, said in a prepared statement Wednesday that the organization takes all harassment allegations seriously.
"When we were made aware of a consensual relationship between Mr. Ellis and the Plaintiff, we did what an organization should do. We told both to stop -- promptly, directly and fairly," Welts said. "The Warriors have never taken any action against the Plaintiff for any inappropriate reason, and we deny the allegations she is making."
According to the lawsuit, the Warriors changed Smith's job description and eventually fired her after Ellis' wife, Juanika Ellis, learned of the texts and complained to team executives in January.
Smith said she told team executives that Monta Ellis told her he was using a "secret cellular phone" that was being kept by the team's equipment manager and was in the name of a third party.
Smith, who has worked in similar jobs with the Washington Wizards and the Phoenix Suns, said Wednesday that it was tough to go public.
"It was pretty hard because I knew that essentially my career is over and it would be hard to re-establish myself after working so hard throughout the years," said Smith, who believes she may be blacklisted in NBA circles.
According to the lawsuit, Smith said she told team officials that Ellis' wife called her on Jan. 7 and said, "I know about the secret phone."
Shortly after that, Smith said Ellis told her that he met with team officials and general manager Larry Riley told him "not to worry," and that "everything would be swept under the rug."
The following month, Juanika Ellis apparently used her purse to push Smith into a wall during a Warriors home game, the lawsuit said. Smith said she believes that Ellis' wife believes Smith initiated the texts with the player.
"She was accusatory towards me," Smith said Wednesday.
Boltuch said the team in February reduced Smith's responsibilities, including interaction with Ellis and other players after she refused to resign.
"They offered her what I believe is a bribe," Boltuch said. "They said, 'It'd be best if you resign and we'll give you some money.' She rejected it."
Published: Fri, Dec 23, 2011
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