EAST ST. LOUIS – Chief U.S. District Judge Nancy Rosenstengel has assigned attorney Timothy Connor of Greenville to represent state employee Jennifer Dunkley in racial discrimination suits against her union and the state.
In an order on Aug. 19, she provided that Connor would work without pay but could recover costs from a verdict, a settlement, or the court.
He can share responsibility with an associate at the firm of Burnside, Johnston and Connor, but he must contact Dunkley first.
Dunkley works for the human services department and resides in Greenville.
She sued Lisa Eden, steward for Local 2600 of the American Federation of State, County, and Municipal Employees, in December 2018.
Dunkley claims Eden failed to file grievances over a series of disciplinary actions.
She alleges supervisor Patricia Herker suspended her for seven days, gave her papers to sign, and said she should turn in her keys and go home.
“Other staff were asking me why I was leaving, needless to say it was a very embarrassing situation,” her suit claims.
She claims Eden knew of the pending suspension but didn’t notify her.
Local 2600 was later substituted as defendant.
Dunkley moved to recruit counsel, and Magistrate Judge Reona Daly denied the motion without prejudice.
Daly found Dunkley’s filings reflected an understanding of law and procedure, and found Dunkley capable of effectively articulating her position.
Last October, Dunkley filed a parallel suit against the human services department.
This March, Rosenstengel denied a motion to dismiss the suit against the union.
“Dunkley clearly alleges that AFSCME treated her worse than similarly situated white employees, which meets the threshold of discriminating against an individual because of her race in violation of Title VII,” Rosenstengel wrote.
She wrote that Dunkley suggested Eden acted in concert with her superior to affect her negative experience.
In May, she consolidated the suits and set trial next April.
She dismissed claims against the department but allowed Dunkley to proceed against managers Kimberly Peltes and Monica Monroy.
As law and procedure took Dunkley deeper, Daly’s assessment didn’t hold up.
Rosenstengel found indications in recent filings that proceeding without counsel would likely be prejudicial to Dunkley and detrimental to speedy resolution.