Gay Duluth Police Officer Alleges Discrimination

The Duluth City Council Monday authorized an agreement settling a complaint filed by a gay Duluth police officer with the Equal Employment Opportunity Commission that alleged unlawful discrimination in the work place, but the officer said Tuesday he isn't accepting it.

Police Officer Bobby Johnson alleged in the EEOC complaint that he was discriminated against because of his sexual orientation. Johnson, who described himself as "openly gay," claimed he was the target of homophobic jokes and the subject of disparaging remarks.

In the EEOC complaint, Johnson specifically charges Lt. Chuck Wilson with directing anti-gay comments toward him. Duluth Police Chief Randy Belcher is also named in the complaint.

Johnson provided Duluth Patch with a copy of the complaint.

The offensive remarks were corroborated by witnesses, Johnson said.

"The work environment became so hostile, I couldn't stand it," Johnson said. "I didn't feel safe at the police department."

Johnson also said he made internal complaints with the city alleging inappropriate behavior in the police department that were not addressed.

An EEOC spokesperson told Duluth Patch Friday that the agency is prohibited by federal law from giving out information on complaints or even acknowledging they have been filed.

Duluth City Attorney Stephen Pereira said Friday the EEOC has not yet investigated Johnson's complaint. The agreement was drawn up, he said, because the city thought it would be better to settle and let Johnson "go on his way."

Duluth Patch contacted Chief Belcher and other city officials asking for a response to Johnson's allegations. Belcher left a voice mail with Patch, asking that inquiries on the subject be referred to Duluth City Manager Tim Shearer.

Shearer issued the following statement to Duluth Patch Wednesday: “We have looked into Officer Johnson’s allegations and dispute these allegations. Due to this matter involving potential litigation we have been advised to not comment any further.”

The agreement approved by City Council on Monday offers Johnson $20,945,55. In exchange he would have to resign, agree not to work for the city in the future, dismiss all pending complaints and forego any future complaints or litigation arising out of his work with the city. Half the settlement amount would be paid for by GIRMA, the city's insurer.

Johnson said he is not dropping the EEOC complaint. The amount offered by the city "is not enough to make up for the pain and suffering I've experienced," Johnson said.

"I've worked hard and done a lot for the department," Johnson said. He also claimed he was passed over for promotion to corporal.

Johnson has been on adminstrative leave with pay since filing the EEOC complaint in February.

The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or over), disability, or genetic information, according to its website.

It is also illegal to discriminate against a person because he/she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The anti-discrimination laws apply to hiring, firing, promotions, harassment, training, wages, benefits and other work situations.

The EEOC investigates charges of discrimination against employers, evaluates the allegations, and makes findings. If the agency finds that discrimination has occurred, it will try to settle the complaint. If unsuccesful in reaching a settlement, the EEOC has the authority to file a lawsuit on behalf of the person who claims discrimination.

Johnson has been employed as a Duluth police officer since February 2005. He was certified as a law enforcement officer in 1999, Johnson said. During his time with the Duluth PD, he has received several awards.

The Gwinnett Chamber of Commerce presented Johnson with a gold medal of valor in March 2011 for rescuing a baby from the window of a burning house in Duluth in November 2010. In another instance, he was cited for bravery for pulling a man from a burning vehicle.

MADD (Mothers Against Drunk Driving) honored him as a Police Officer of the Year. Johnson and another officer were recognized by the Georgia Governor's Office of Highway Safety as a top H.E.A.T Unit for writing the most DUI tickets. H.E.A.T. stands for Highway Enforcement of Aggressive Traffic.

Johnson was a member of the Duluth Police Department COPS (Community Oriented Policing Services) Division where his duties included presenting safety classes to 5th graders, bringing drug use prevention and anti-bullying messages to 7th graders, and teaching the DriveSmart program to high school students.

He is active in Operation One Voice, which raises funds to assist families of wounded or fallen U.S. Special Operations Forces.

~ Duluth Patch