Kansas has agreed to pay $50,000 to settle a federal anti-discrimination lawsuit brought by a former state Highway Patrol employee who alleged being fired for coming out as transgender. The settlement was unanimously approved by Democratic Gov. Laura Kelly and eight leaders of the Republican-controlled Legislature during an online video conference on Thursday. Details of the settlement were not publicly discussed during the meeting, but the amount was later disclosed in a formal resolution released by the state.
The former employee, a buildings and grounds manager at the Topeka headquarters of the patrol, filed the lawsuit after being dismissed in June 2022. The patrol stated that the firing was due to allegations of sexual harassment and lack of cooperation with an internal investigation. However, the lawsuit contended that these reasons were a pretext for terminating a transgender employee.
The settlement was reached after U.S. District Judge John Broomes denied the state’s request to dismiss the lawsuit, citing unresolved factual issues that should be decided by a jury. This case falls under the precedent set by a 2020 U.S. Supreme Court ruling that extends protection against sex discrimination in employment to include anti-LGBTQ+ bias.
Court documents revealed that the former Highway Patrol employee, referred to as Dawes in the lawsuit, sought to transition socially from male to female while at work. The patrol acknowledged a meeting held before Dawes’ termination to discuss the transition and legal guidance on accommodating Dawes’ needs. Dawes’ attorney raised concerns about the lack of documentation for this meeting, calling it a procedural irregularity.
The patrol maintained that Dawes’ firing was unrelated to being transgender, citing instances of alleged inappropriate behavior towards a female colleague as the primary reason for dismissal. Dawes acknowledged the interactions but argued that if disciplinary action was warranted, it would have likely been a reprimand. The patrol defended the termination based on Dawes’ refusal to cooperate with an initial interview regarding the allegations against them.
According to the state’s court filings, the patrol asserted that Dawes’ dismissal was in line with internal policy requiring full cooperation with investigations, regardless of transgender status. The state contended that no non-transgender individual would have received more favorable treatment in a similar situation.