Douglas County Commission denies corrections officer’s claims of sex discrimination and retaliation

The Douglas County Commission has denied a corrections officer’s claims that he faced sex discrimination and a retaliatory demotion.

Rather, the commission argues that the corrections officer, Kyle Appleby, was given “constructive criticism.”

On Tuesday the commission, which is named as the sole defendant in Appleby’s lawsuit, submitted a written answer to the allegations of discrimination and retaliation.

Appleby filed the lawsuit in federal court on Feb. 17. He is requesting a jury trial and is seeking at least $150,000 in damages.

Appleby was hired by the Douglas County Sheriff’s Office in 2006 and remains an employee there.

In 2012, Appleby said, one of his supervisors, Sgt. Robert Moffitt, repeatedly referred to him using a homosexual slur and made comments that he had “drag queen eyebrows.”

Moffitt has vehemently denied Appleby’s claims and said the two would have rarely seen each other professionally around that time because of their respective assignments.

In May 2015, Appleby was promoted to the rank of deputy, requiring him to undergo training at the Lawrence Police Department’s Basic Recruit Academy, his lawsuit says.

During the training Appleby claims he was “subject to other comments by DGSO superiors which reflected their perception that (he) was not sufficiently masculine to be a law enforcement officer,” the lawsuit says. “Including that (he) was too timid during certain exercises.”

Previously, both the sheriff’s office and LPD representatives declined to comment on Appleby’s claims. However, Moffitt, who took part in the training exercises, said Appleby was never singled out.

Ultimately, Appleby claims, he was not allowed to graduate from the basic training.

In the county’s answer to the lawsuit, it says the commission “is without sufficient knowledge or information to admit or deny” Appleby’s claims that his superiors attacked his masculinity during the training.

The county does admit LPD did not allow Appleby to graduate and that “LPD personnel determined (Appleby) showed a lack of, among other things, assertiveness during certain aspects of the Academy.”

During the training “LPD personnel gave (Appleby) constructive criticism about his performance,” the answer states.

Appleby claims that in November 2015 he met with his superiors and told them about the reportedly discriminatory behavior. Within a week, he was demoted to his former rank of corrections officer and his pay was reduced.

The commissioners deny that Appleby reported the behavior to his superiors but admit that he was demoted and that his pay was reduced.

County salary data shows Appleby grossed $51,875 in 2015 and $49,053 in 2016. Though, his lawsuit claims his economic damages are close to $7,000.

The commissioners argue that Appleby was demoted not out of retaliation but because he failed to successfully complete his required training.

The commissioners are also requesting a jury trial in the case, though a date has not yet been scheduled.