Federal judge sides with former Kansas Highway Patrol leader in sexual harassment case
A federal court ruled in favor of former Kansas Highway Patrol Superintendent Herman Jones this week in a lawsuit brought by current and former female staffers alleging sexual harassment, discrimination and a toxic work environment.
In a 46-page ruling, federal Judge Holly Teeter did not directly address whether the allegations against Jones were true but rather determined that he and his deputy Jason De Vore were entitled to qualified immunity, which bars them from being sued as individual state employees, and that the claims were not severe enough to warrant legal action.
The lawsuit, which was first filed in 2021 by six female staff members, alleged Jones had consistently engaged in unwelcome touching and made inappropriate comments to female staff members. The plaintiffs argued female employees were subject to a hostile work environment and faced discrimination based on their sex.
Kansas Gov. Laura Kelly’s administration and an attorney for the plaintiffs did not immediately respond to The Star’s request for comment. Kelly appointed Jones in 2019.
Teeter’s ruling determined that on the claims of discrimination and hostile work environment the women did not offer sufficient proof that discrimination was based on sex or that it was severe enough to constitute a hostile environment.
Hostile work environment claims in court precedent, Teeter wrote, involved physical attacks and sexually explicit conversations and conduct.
“These facts are considerably different from Jones’s conduct,” Teeter wrote of one of the cases. She described Jones’ conduct as “non-sexual touching” which made the plaintiff uncomfortable. The incidents included Jones placing his hand on an employee’s shoulders while singing Luke Bryan’s song “Country Girl (Shake It For Me)“ and placing his hands on female employees’ backs and shoulders.
In a ruling that walked through each woman’s claims individually, Teeter wrote that instances of unwanted touching appeared unrelated to later events the plaintiffs had presented as retaliation.
In one of the cases, Teeter wrote that the plaintiff may have felt her work conditions were hostile. But “she has also not shown that she was subjected to working conditions so intolerable that a reasonable person would have been compelled to quit.”
Teeter’s ruling comes months after the Kansas Highway Patrol settled a lawsuit brought by two male majors who said they had been wrongfully terminated after speaking up on behalf of women allegedly mistreated by Jones. The majors were reinstated as a result of the settlement.
Jones retired from the Highway Patrol last month. Democratic Gov. Laura Kelly stood by Jones throughout the lawsuits, insisting in interviews that he was simply facing backlash from troopers unhappy with changes he was making in the agency.
An investigation by Kelly’s Department of Administration conducted in 2020 concluded the women’s claims were unsubstantiated and that Jones had faced an “interconnected network” of agency staff who remained loyal to his predecessor, Col. Mark Bruce who was forced out amid questions over his handling of a domestic violence incident involving a top officer. An independent investigation also cleared Jones but was not released to the public.
Speaking to lawmakers Wednesday Kelly’s nominee to replace Jones, former U.S. Drug Enforcement Administration official Erik Smith, pledged to improve the morale of the patrol through open communication and consistent application of discipline.
In a statement after this story published, the Kansas Highway Patrol said the ruling would help the agency refocus on its mission.
“I am dedicated to fair and transparent leadership at the Kansas Highway Patrol and care deeply about the welfare of all employees serving in this agency. The administration and all agency members will be held to the highest standards of integrity and professionalism,” Smith said.
This story was originally published July 20, 2023 at 12:19 PM.
