Topeka, Kansas — A federal jury awarded almost $500,000 in total damages to two female administrators from the Topeka Police Department after they were overlooked for promotions in favor of a less qualified male colleague. The decision came following a lawsuit that accused the department of sex discrimination.
Over the course of a four-day trial, which concluded after roughly three hours of jury deliberation, Colleen Stuart and Jana Harden were granted $200,000 each for emotional damages, which included suffering, humiliation, and mental anguish. Additionally, the jury allocated more than $35,000 and $11,059 in back pay and benefits to Stuart and Harden respectively.
The legal challenge, led by attorney Eric Playter of Playter and Playter, Kansas City, in collaboration with the Employee Rights Law Firm of Liberty, Missouri, centered on events from late 2021. According to the legal complaint, both women, who held captain positions, were passed over for roles as deputy chief and major shortly after Bryan Wheeles was appointed as the new police chief.
The suit details how the male candidate selected for the deputy chief position did not have an advanced college degree and was chosen without a formal interview process despite being one of five internal applicants. Allegations suggest that his promotion occurred due to a perceived alignment with Chief Wheeles’s views and strategies for the department’s future, although the plaintiffs assert it was actually driven by gender bias.
Both Stuart and Harden have experienced previous instances of discriminatory treatment according to the complaint. Stuart was reportedly disparaged verbally in earlier incidents and once informed she lacked the political acumen necessary for advancement. Meanwhile, Harden experienced demands to alter her behavior to seem more traditionally feminine.
Adding weight to their case, testimony from notable witnesses played a critical role in the trial’s outcome. Among the testimonies, the promoted male candidate’s wife, also a member of the police force, admitted her husband was not the most qualified for the job. A former police chief also testified, recognizing the potential of both women to lead the police force one day.
Harden saw some progression in her career when she was promoted to a different major position in February 2023. Unlike Stuart, she has not filed for front pay damages. Stuart’s claims included front pay through her expected retirement in 2025.
The case was heard in the U.S. District Court for the District of Kansas under District Judge Toby Krause. Plaintiff’s legal representation included Mark Jess, and Christie Jess from the Employee Rights Law Firm alongside the Playters. The defense was represented by J. Phillip Gragson and Kara Eisenhut of Henson Hutton Mudrick Gragson & Vogelsberg, Topeka.
This verdict not only highlights issues of employment discrimination but also underlines the ongoing challenges women face in law enforcement careers, echoing broader concerns about gender equality within such roles. It serves as a stark reminder of how systemic biases can impact career trajectories and the importance of judicious and transparent promotional practices in protecting employee rights.
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