Gay Duluth Police Officer Ordered to Return to Work

Bobby Johnson, the gay Duluth police officer who filed a complaint with the U.S. Equal Employment Opportunity Commission alleging unlawful discrimination in the work place, reportedly has been ordered to return to work at 8 a.m. Monday (June 17).

He told Duluth Patch that during a meeting on Friday (June 14) Duluth City Manager Tim Shearer took him off administrative leave and told him to report to work.

Johnson said he intended to go back to work Monday. “I have no choice,” Johnson said. “If I don’t show up for work, they’re [the city’s] going to fire me.”

Johnson reported to work on Monday.

Johnson alleged in the EEOC complaint he filed against the city that he was discriminated against because of his sexual orientation. He claimed he was the target of homophobic jokes and disparaging remarks from supervising officers in the Duluth Police Department because he is openly gay.

The offensive remarks were corroborated by witnesses, Johnson said.

“I told him (Shearer) that he was making me return to a hostile work environment,” Johnson said. “He (Shearer) said: ‘I don’t see it that way.’”

“Tim said the city had conducted an independent investigation that found there was no merit to my allegations,” Johnson said. “I asked him if the complaint had no merit, why did the city offer me $20,000?”

Johnson rejected a settlement agreement the Duluth City Council authorized June 10 that offered him $20,945,55 if he would 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 have been provided by GIRMA, the city's insurer.

Johnson reported he offered Friday to take a polygraph test at his expense to prove the veracity of his complaint, but Shearer declined. Johnson said he told Shearer that if he (Johnson) failed the lie detector test, he would resign and forego any legal action against the city.

The EEOC has not yet investigated Johnson’s complaint.

Johnson has been on administrative leave with pay since filing the EEOC complaint in February. He has been employed by the Duluth Police Department since February 2005.

Shearer had issued the following statement Wednesday (June 12) following the Monday night city council meeting: “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.”

See also:

• Gay Duluth Police Offficer Alleges Discrimination