Dayton police Lt. Kimberly Hill’s civil lawsuit against the city of Dayton was terminated this month after U.S. District Court Judge Thomas Rose granted the city’s motion for summary judgment in the case.
Hill failed to prove that she was not promoted for discriminatory reasons and the harassment she complained about was not pervasive or severe and largely came from subordinates she could discipline, according to Rose’s ruling.
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Hill’s attorney, Chanda Brown, said her client is still deciding whether to appeal the decision to the Sixth Circuit Court of Appeals.
“While we appreciate the consideration Judge Rose gave to the matter, we do not agree with the conclusion reached,” Brown said.
A Dayton official said the decision pleased the city.
“The court found that there was no genuine issue of material fact and that the city of Dayton was entitled to judgment in its favor as a matter of law,” Leonard Bazelak, senior attorney for the Dayton law department, said. “As the court indicated, there was no evidence that the decision to not promote Lt. Hill to a Major position was discriminatory based upon race or gender. There was also insufficient evidence to show that Lt. Hill was subjected to a hostile work environment or retaliated against in any manner.”
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In September 2017, Hill filed a civil lawsuit in federal district court accusing the city of unlawful discrimination and employment practices.
Hill, the highest-ranking black woman in the police department, claims she received discriminatory and retaliatory treatment from subordinates and other lieutenants and majors when she took over as commander of the Professional Standards Bureau.
Hill claims she encountered hostility from a police major and other sergeants after she reported problems and suggested improvements to the bureau’s processes.
Hill applied for a promotion to be a major in 2016 but did not get it. She claims she was the most qualified candidate and had the most seniority.
Hill also alleged other unlawful and discriminatory practices and departmental policy changes and a hostile work environment.
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But the city claims Hill was not promoted because candidates with better scores were selected instead.
Five applicants vied for two open major positions, and Hill scored fourth or fifth in the oral interviews and ranked fourth on a different assessment test, said Kenneth Couch, Dayton’s human resources director, in a sworn affidavit.
The top two scorers on the assessment test and oral interview were promoted, Couch said.
In its motion for summary judgment, the city said the incidents Hill listed as evidence of a hostile work environment were isolated and not based on race, gender or retaliation.
The city also argued some incidents Hill claimed were discriminatory could not be considered because they happened more than 300 days before she filed a complaint with Equal Employment Opportunity Commission, making them time-barred by law.
“Claims filed in a federal lawsuit that are not timely filed at the administrative level must be dismissed in federal court,” the city said.
Rose said Hill could not prove that she was not selected for a major position because of discrimination.
Rose’s ruling says that the hostile conduct Hill complained about was “infrequent” and she only alleged several specific incidents over the course of seven years.
The alleged conduct also did not unreasonably interfere with Hill’s work performance and did not alter the conditions of her employment, the ruling states.
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