Jefferson City Public Schools officials last week filed two lawsuits asking the courts to force the Missouri Human Rights Commission to take back its permission for two district employees to sue over discrimination complaints.
The suits, filed by attorney Ryan Bertels of the Schreimann, Rackers and Francka law firm - which has represented the district in other cases - challenged the commission's decision to issue right-to-sue letters to Gretchen Guitard, the district's curriculum and staff services director, and to Tammy Ferry, an instructional technology coordinator and certified staff technology trainer and coordinator.
Both women late last year asked the federal Equal Employment Opportunity Commission (EEOC) and state Human Rights Commission (MHRC) to investigate complaints of discrimination and retaliation, based on their gender - and Guitard's complaint also cited age discrimination.
But the district's lawsuits - one for each woman's case - argue the commission didn't finish its administrative work before issuing the right-to-sue letters, and that it issued those letters before state law says it could.
JCPS Superintendent Larry Linthacum told the News Tribune the district won't comment on pending litigation.
"We are aware of possible litigations," he said. "We will continue to work toward growing our traditions of pride through excellence as we are stronger together - and look forward to working through the process."
When someone has a discrimination complaint against an employer, that complaint first must be filed with one or both of the state and federal commissions - and usually are filed with both agencies at the same time, as both women did in the school district cases.
The agencies then determine if they have authority to investigate the complaints, then launch an investigation and, if a violation is found, try to work out some resolution between the parties short of legal action.
If no agreement can be reached, the agencies can issue a "right-to-sue" letter that gives the person making the original complaint the right to pursue action in a civil lawsuit - within a designated period of time after the letter is issued.
Throughout the process, the agencies are prohibited from discussing the specifics of a complaint with anyone other than the person or company accused of the violations.
The only specifics about the women's complaints are those mentioned in the school district's two lawsuits - and the suits contain few details of the women's discrimination issues with the district.
The women's attorney, Dennis E. Egan, of Kansas City, didn't respond to a Friday afternoon request for comments.
The district's lawsuits generally raise the same issues in both cases.
In both, the school district argues the Missouri Human Rights Commission and its director, Alisa Warren, "failed to determine there was jurisdiction to issue a right to sue letter without determining (their) jurisdiction over such claims as required by law."
And, the lawsuits argue, the commission is required to wait at least 180 days after getting a complaint before it can issue a right to sue letter, but issued those letters early in both women's cases.
The lawsuit reported Ferry's complaint was filed Oct. 31 and Guitard's first complaint was lodged on Nov. 1. Guitard's second complaint was filed Feb. 9.
Based on those dates, the 180 days later would be April 29, April 30 and Aug. 8.
The district's lawsuit complained the Human Rights Commission gave Ferry and Guitard permission to sue on Feb. 21.
In both cases, the district argues the women named officials as defendants who should not have been listed, including Chief Financial Officer Jason Hoffman, Human Resources Director Penney Rector and Technology Director Joe Martin.
The new lawsuits also ask the Cole County Circuit Court to order the commission and its director "to fulfill their ministerial duty to make a determination of whether they have jurisdiction over all" of the claims each woman made with the Human Rights Commission.
In Guitard's case, the district also noted she did not "allege she participated in any protected activity, and/or that she ever filed a previous charge of discrimination."
Discrimination also was the basis for two other lawsuits the district faced last year, with former high school journalism teacher Karen Ray winning a $235,000 damages award, plus attorneys' fees, following a jury trial, while former English teacher Laura Cooper won $255,000 in a settlement, with the district's insurance company paying an additional $195,000 in legal fees.
Both new cases were assigned to Circuit Judge Jon Beetem. No hearings have been set yet in either case.
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Earlier coverage, posted at 11:55 a.m. Friday:
Jefferson City Public Schools officials last week filed two lawsuits seeking to block two employees from suing the district over discrimination complaints.
The suits, filed by attorney Ryan Bertels of the Schreimann, Rackers and Francka law firm - which has represented the district in other cases - challenge the Missouri Human Rights Commission's decision to issue right-to-sue letters to Gretchen Guitard, the district's curriculum and staff services director, and to Tammy Ferry, an instructional technology coordinator and certified staff technology trainer and coordinator.
Both women asked the commission to investigate complaints of gender discrimination, and Guitard's complaint also cited age discrimination.
But the district's lawsuits - one for each woman's case - argues the commission didn't finish its administrative work before issuing the right-to-sue letters, and that it issued those letters before state law says it could.
The lawsuits also ask the Cole County Circuit Court to order the commission and its director, Alisa Warren, "to fulfill their ministerial duty to make a determination of whether they have jurisdiction over all" of the claims each woman made with the Human Rights Commission.
Both cases were assigned to Judge Jon Beetem.
No hearings have been set yet in either case.
Last May, the JCPS district lost a discrimination lawsuit filed in 2014 by former teacher Karen Ray, who was awarded $235,000 in damages plus attorney's fees. Ray's case focused primarily on the actions of former Jefferson City High School Principal Jeff Dodson, who left JCPS in 2014.
A judge dismissed former teacher Laura Cooper's similar discrimination lawsuit against the school district, also filed in 2014, last September, with Cooper awarded $255,000 of a total $450,000 settlement.