CENTRAL OHIO -- A state employee whose job is to prevent discrimination was caught sending racist and sexist e-mails.
NBC 4's Patrick Preston GOT ANSWERS on why that person remains on the job.
Robert Habern was still on the job Wednesday. His job title is equal employment opportunity contracts coordinator with ODOT, and he works in Lima, Ohio.
The most recent incident was Habern's third violation of the state's Internet and e-mail policies during the past four years.
ODOT investigators suspended Habern for two weeks without pay. The October violation included forwarding racist and sexist jokes.
Was it enough punishment, though?
Habern denied knowledge of the state's e-mail policies during an interview with ODOT investigators.
That was despite notice of the state's policies when workers log on to computers each day.
Habern was reprimanded a year ago for sending jokes about women's breasts and suspended four weeks without pay in 2004 for accessing sexually explicit Web sites at work.
Habern's job with ODOT is to ensure ODOT contractors follow anti-discrimination laws.
"It's just disappointing that someone, especially in his position, would be forwarding these type of stupid jokes," ODOT spokesman Scott Varner said.
Varner said Habern crossed the line in forwarding jokes that were disrespectful to African-Americans, women, homosexuals and others.
The e-mails were sent to state employees and nonstate workers using his state of Ohio e-mail account.
"We have made Mr. Habern well aware that another violation could lead to his dismissal," Varner said.
Why didn't ODOT terminate Habern for the third violation, though?
Varner said discretion played a role and "under state contract with the employees union, those offenses that are more than two years old are taken off the record. That offense could not be used for looking at the discipline for this current offense."
Preston called Habern at his Lima office multiple times Wednesday, but calls were not returned.
Habern told the Associated Press Tuesday the incident is over and did not comment further.
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