Jefferson County and a former employee have reached a settlement agreement following two years of court battles over claims of discrimination.
Lynn R. Zwygart had two pending lawsuits against the Board of County Commissioners that alleged the county violated the Americans with Disabilities Act when it failed to rehire him in 2005 and again in 2006.
The two sides reached an agreement last week in both cases. The terms of the settlement were not released.
"Mr. Zwygart is glad to have the settlement behind him," said Alan Johnson, Zwygart's attorney.
Johnson said the agreement required that his client not disclose terms of the settlement.
Bud Cowan, attorney for the county's insurance carrier, did not return phone calls Monday.
Zwygart, who was hired by the county in 1986, discovered he had a bacterial infection in 2003 and had heart surgery later that year to correct the problem. According to court records, he received a letter in October 2003 from then-County Engineer Richard Teaford, stating Zwygart had "long exhausted all sick, vacation and other time, which you have used since the onset of your medical condition."
Zwygart filed the first of three lawsuits in 2005 alleging the county violated the ADA in firing him. A U.S. District Court judge in Kansas City, Kan., ruled in favor of the county, and Zwygart's appeal failed.
When he applied in 2005 for another job with the department, he alleged the county's road and bridge superintendent told him he was concerned about Zwygart's health, and Zwygart did not get the job.
In February 2006, he filed a second lawsuit in federal court against the county, alleging it had discriminated against him by not offering him the job. In May 2006, with the second lawsuit still pending, Zwygart again applied for a job on the county road and maintenance crew and was not chosen for the position.
After he was not offered that road crew job, Zwygart filed a third lawsuit in U.S. District Court last January, in which he claimed the county had denied him the job in retaliation for the previously filed lawsuits. The county denied that claim.
Zwygart had requested $100,000 in damages in each case. Cowan and Johnson attended the conference last week where the two cases were settled, but details were not released. When reached at his home in Meriden, Zwygart's father, Lloyd, said his son would not get his county job back, but he did not know any further details.
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Centrist (anonymous) says…
They are being penalized for what seems legitimate business concerns. They should have found a "more-qualified candidate" - and also should never have told this guy they had 'concerns'.
Left themselves wide open, unfortunately.