A former Miller County Sheriff's Office deputy filed a federal lawsuit this week alleging she was fired in 2016 in retaliation for making a sexual harassment complaint against a senior male deputy.
The suit, filed on behalf of Shannon Elkins by Little Rock lawyer Reggie Koch, names Miller County, MCSO, former Sheriff Ron Stovall and Deputy Jessie Grigsby as defendants. Stovall, Grigsby and a representative of the sheriff's office declined to comment. County Judge Roy John McNatt could not be reached Friday.
Koch said he believes Elkins will prevail in court.
"I'm confident a jury is going to see it our way," Koch said Friday.
Elkins was hired to work in the jail in 2013 and promoted to deputy sheriff in 2015, according to the complaint. After about a year of service as a patrol officer, Elkins was assigned to work on a multi-agency task force with Grigsby.
"Within approximately four weeks of being assigned to work as partners, Grigsby began urging plaintiff to engage in a sexual relationship with him," the complaint alleges. "By March 2016, Grigsby's behavior toward plaintiff was harassing and wholly improper. Grigsby would blatantly ask for sexual favors."
The suit alleges Grigsby, who is African-American, had "a reputation of being somewhat 'untouchable' because his mother was a prominent local NAACP figure," the complaint states.
Elkins claims she was reluctant to complain about Grigsby because of his "protected status" but did "immediately and consistently reject his sexual advances," the complaint states.
Elkins alleges her rejection of Grigsby caused his treatment of her to "change for the worse."
"Grigsby treated plaintiff brusquely; he was dismissive of her opinions, and he was unreasonably critical of her actions and performance on the job," the complaint alleges.
Elkins did bring her complaints about Grigsby in mid-August 2016 to two ranking officers of MCSO and an officer of another agency who was involved with the task force on which Elkins worked with Grigsby. Elkins alleges that the ensuing internal investigation was "slanted and structured" to focus on an attack of her and protection of Grigsby.
Elkins alleges that after making the complaint, she was taken off the task force and reassigned to the "less-desirable" patrol division of MCSO. After returning to patrol, Elkins alleges Stovall and other managers began scrutinizing her job performance to a much higher degree than her co-workers who had not complained of a hostile work environment.
Elkins claims she was fired Sept. 15, 2016, one week after filing a complaint with the Equal Employment Opportunity Commission on Sept. 8, 2016, that alleged sexual harassment and retaliation. Elkins later filed a second EEOC complaint alleging her termination amounts to unlawful retaliation.
Elkins appealed her termination, and a hearing before the county judge and Quorum Court was conducted in October 2016. At the end of the hearing, Elkins' termination was approved by the county administrators.
The Arkansas Appeal Tribunal reversed a decision by the Arkansas Department of Workforce Services to deny Elkins unemployment benefits, according to documents from the tribunal attached to the complaint as an exhibit and dated Nov. 23, 2016. The Appeal Tribunal found that the incident cited by MCSO for Elkins' firing did not justify her termination. Elkins was allegedly let go for pulling over a driver who veered around pot holes, according to tribunal documents. According to earlier reports, deputies who testified at the October 2016 hearing before the Quorum Court alleged Elkins had difficulty operating a patrol car and difficulty relaying her location to dispatch and other officers.
Also discussed at the hearing was Elkins' alleged discussion with a friend concerning confidential information related to an ongoing criminal investigation. Elkins allegedly warned someone to discontinue their association with an individual being targeted by investigators, according to earlier reports.
Also attached to the complaint are documents from the EEOC. In a report dated Oct. 26, 2017, the EEOC notes that the MCSO's reason for firing Elkins-loss of confidence-was not supported by "documented performance write-ups or discipline."
"The evidence further shows that the sheriff (Stovall) admitted that a group of four individuals including the sheriff met and decided to fire (Elkins) about seven days prior to (Elkins') actual termination. Two of the four individuals making the decision were individuals who had investigated (Elkins') sexual harassment complaint," the EEOC documents state. "Based upon the evidence, it appears more likely than not that the cited reason for (Elkins') discharge was a pre-text for discrimination, and (Elkins) was discharged in retaliation for her complaint of sexual harassment."
The EEOC documents state that the commission "invites the parties to join with it in a collective effort toward a just resolution of this matter." The attempt by the EEOC at conciliation was unsuccessful, according to a May 11 notice of right to sue letter attached to the complaint.
The complaint alleges gender discrimination and retaliation in violation of federal and Arkansas state law. Elkins is seeking compensatory damages, punitive damages, court costs and attorney fees, as well as reinstatement to her former job.
The case has been assigned to U.S. District Judge Susan Hickey in the Texarkana Division of the Western District of Arkansas.