MT. VERNON - A legal action claiming sexual and disability discrimination against a southern Illinois city, its police chief and another employee has largely survived an attempt to have it dismissed.
The suit, filed in the U.S. District Court of the Southern District of Illinois, also accuses the city of Murphysboro, police chief Chad Roberts and supervisor Ken Johnson of retaliation after Allison Covington's position as a dispatcher with the city police department was terminated, ultimately by mayor Will Stevens.
Covington, who suffers from attention deficit and hyperactivity disorder (ADHD) but was taking medication to manage the symptoms, sued under Title VII of the Civil Rights for sex discrimination, hostile work environment, retaliation, similarly the American with Disabilities ACt, the 14th Amendment equal protection provision, and the Illinois Human Rights Act.
While District Judge J. Phil Gilbert, in his order and memorandum, granted summary judgment to the city and Roberts on a number of the counts, he denied other motions to dismiss, particularly related to Johnson.
Covington started working as a probationary probationary dispatcher in late 2016. Johnson was her key supervisor and assigned to train the new recruit. It was not a "very formal process," with no written policy or protocol, according to the court order.
When Covington reported, she noticed a large image of herself posted on a board. After asking, it is alleged she was told by Johnson that it was taken from a Facebook page and posted so that "all the police officers in the MPD could see 'the cute dispatcher' that would be working with them." He added, it is claimed, that the reason for her hire was because she "looked better" than another applicant.
The complaint claimed, as the judge's order on the motion noted, Johnson's behavior continued to be "extremely unprofessional." He repeatedly commented on her underwear, made comments about his sex life, questioned Covington on hers, and at one point lifted his shirt to reveal his nipple piercings, it is alleged.
He also, it is further claimed, abused her verbally, calling her an “idiot,” “retarded,” and “stupid,” sometimes reducing her to tears. Johnson frequently told her his father was a judge in Jackson County, comments apparently designed to intimidate her, according to the judge's order.
Covington complained, which led to a meeting with Roberts and she was moved to a later shift.
Roberts also allegedly drove her to his house and, while in the car outside, told her his wife was away. Covington believed he was suggesting a sexual encounter, which made her uncomfortable. He also allegedly told her to stop having phone sex with a regular caller who claimed to be suicidal.
Covington was due to take a test on the Illinois police database system on January 17, 2017. Instead, her employment was terminated. This despite no complaints about her work and "moderately positive job reviews," the judge's order states.
Mayor Stevens terminated Covington’s employment on the recommendation of Roberts and another senior officer. They cited "negative marks in her reviews, her use of sick leave, and her difficulty remembering training when returning after several days off." But she had received no verbal or written warnings.
Covington, after filing a complaint with the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights, was granted the right to sue in February 2018.
On the request for summary judgment on the disability discrimination count, the city argued there was no evidence she was disabled when working for the police department, and the ADHD alone was not sufficient to prove a disability. The city suggested she had to stop taking her medication.
"This is a preposterous suggestion," Gilbert wrote, noting that the statutes state it is "enough that they knew she had ADHD."
On sex discrimination, the city stated there was "insufficient evidence to prove her work environment was objectively hostile."
"Cnsidering the totality of the circumstances, a reasonable jury could find Covington’s work environment was objectively hostile and adversely affected her ability to train to be a telecommunicator," Gilbert found. "While none was severe or threatening, they pervaded the work environment and humiliated Covington in front of her coworkers."
Gilbert also rejected the argument that Covington cannot prove a link between the work environment, her complaint, and the dismissal.
"The Court believes that there is enough evidence in this case for a reasonable jury to find Covington was not fired for her poor performance and was instead fired because of the complaints she made about sexual and disability harassment," Gilbert concluded.
The city and Roberts still face action on the sex and disability discrimination, and retaliation, counts, though those relating to equal protection were dismissed. Gilbert denied Johnson's motion entirely.