Proper Prevention And Response: Needed For Public Employers Addressing Sexual Misconduct Charges

The Des Moines City Council unanimously voted to pay out nearly $2.4 million to four female employees who had allegedly been subjected to decades of discrimination based on sex by the Des Moines Police Department.

Four female officers and employees sued the department in 2021, alleging that department and city leaders failed to prevent, or adequately respond to, a wide range of misconduct, including unsolicited nude photos from male coworkers, sexist insults, and unwanted touching and groping.

The plaintiffs also alleged male officers received preferential assignments and promotions while female officers who complained suffered retaliation.

The lawsuit was scheduled to go to trial when the parties filed a joint notice to the court that they had "reached agreement for resolution" of the case.

The three female police officers and one employee, a public safety digital evidence specialist, will receive individual amounts to be determined by how much harassment each woman endured over the course of her career. "Female Des Moines police employees awarded millions in sex discrimination lawsuit" www.desmoinesregister.com (May 20, 2024).

Commentary

The focus of the litigation in the above matter was the failure of the police department to prevent and respond properly to complaints of sexual misconduct.

Policies and training are important for demonstrating steps to prevent sexual misconduct.

Proper response demands that public employers take all complaints of sexual misconduct seriously and investigate them.

Neutrality of the investigation is importance for acceptance. Consequently, an outside, neutral investigator should be considered and a written report of the facts delivered, which the employer can evaluate and use for the basis of its decision as to an adequate and reasonable response.

Finally, always protect those who report discrimination and those who participate in the investigation from retaliation.

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