Kansas settles job discrimination lawsuit filed by former Kansas Highway Patrol employee

The bipartisan State Finance Council, comprised of Gov. Laura Kelly and leaders of the Kansas Legislature, voted to approve a financial settlement of a federal discrimination lawsuit filed by a former employee of the Kansas Highway Patrol. (Tim Carpenter/Kansas Reflector)

TOPEKA — The state of Kansas settled a federal discrimination lawsuit Thursday filed by a former civilian employee at the Kansas Highway Patrol who alleged his firing at the law enforcement agency was tied to a personal decision to identify as transgender.

The State Finance Council, which is comprised of top House and Senate members and Gov. Laura Kelly, voted 9-0 following an executive session to authorize the $50,000 settlement recommended by the office of Attorney General Kris Kobach. The legislators and governor didn’t discuss any aspect of the case during the public portion of the council meeting.

The Kansas Department of Administration released a copy of a document sought under the Kansas Open Records Act listing the dollar amount of the settlement.

KHP officials had argued in court documents that William Dawes’ termination stemmed from his initial refusal in June 2022 to participate in an administrative investigation regarding alleged sexual harassment of a colleague. During a meeting at KHP’s offices, Dawes declined to sign a document affirming he understood refusal to answer questions about his fitness for duty could subject him to disciplinary action.

Dawes, referred to in court records with “he” pronouns, agreed to cooperate with the law enforcement agency’s inquiry several days later during a second interview opportunity.

KHP eventually decided an email Dawes sent to a female coworker violated KHP policy, but KHP didn’t discipline Dawes for that misconduct.

Herman Jones, who was superintendent of KHP at that time, was responsible for concluding Dawes’ firing from a position as a public service administrator II was necessary. Jones determined dismissal was warranted because Dawes refused during the first meeting with KHP investigators to sign the disciplinary warning document and declined at that time to answer questions from the Professional Standards Unit about harassment of a colleague.

Dawes filed a federal lawsuit in January 2023 alleging discrimination based on sex and requested payment for lost wages, punitive damages and attorney fees. In response, the state filed a motion in November 2023 for summary judgment against the plaintiff. In July 2023, Jones was replaced as KHP’s superintendent by Erik Smith, who previously worked at the U.S. Drug Enforcement Administration.

In April 2024, U.S. District Court Judge John Broomes rejected KHP’s request to toss the case because the judge ruled a jury ought to be given an opportunity to weigh the agency’s explanation for firing Dawes.

“To claim that plaintiff’s failure to answer questions or cooperate in the interview process was the reason for his termination when he cured that failure three days later is somewhat illogical,” the judge’s order said. “Once plaintiff participated in that second interview, any practical basis for his termination based on his refusal to participate in the first interview dissipated.”

That judge’s decision prompted scheduling of a trial and led to negotiations of a settlement between the state and Dawes.

Broomes was nominated to the federal court in 2017 by President Donald Trump and was confirmed in 2018 by the U.S. Senate. He was the Kansas judge who issued an order in July blocking a U.S. Department of Education rule designed to protect students from discrimination based on sexual orientation and gender identity.

In the Dawes case, court documents indicated Dawes disclosed to three KHP employees that he identified as transgender. He initiated a meeting with the agency’s human resources director, Shellbie Blodgett, to discuss transitioning from a male identity to a female identity at work.

On June 6, 2022, Dawes sent an email to a female coworker describing his appreciation for her footwear. The coworker forwarded the email to KHP Maj. Mitchell Clark. The female coworker informed her supervisors Dawes previously told her that he “appreciated a woman wearing heels and panty hose, and how nice it was to see a female really taking care of herself.” The information was passed to Blodgett. Within one day, Jones ordered a professional standards inquiry of Dawes.

Dan DiLoreto, a KHP captain directed to conduct the harassment investigation, presented Dawes with a letter informing him of the inquiry and a letter warning him failure to cooperate could result in disciplinary action. Dawes was instructed to appear for an interview June 13, 2022, with KHP investigators. When Dawes arrived, the court record says, DiLoreto repeated that failure to answer questions could result in sanctions.

“You’ll fire me if I don’t talk to you, basically,” Dawes said.

“Right,” DiLoreto said. “This doesn’t say we will. This just lays out consequences for not participating.”

Dawes said he wasn’t comfortable signing the document without an attorney present, but suggested he would be willing to cooperate once he secured legal counsel. DiLoreto decided to terminate that interview. On June 14, 2022, Dawes asked KHP to schedule a second interview. Jones agreed to try a second time to gather information from Dawes, and the court record shows the plaintiff in the lawsuit answered questions of KHP personnel on June 16, 2022.

Dawes was fired July 7, 2022, and received notice the reason was his “refusal to answer questions during an interview with the Professional Standards Unit on June 13.”