A longtime Kalispell police officer has sued the City of Kalispell alleging that she was harassed by fellow officers and was not promoted because she is a woman.
Michelle O’Neil filed a lawsuit in Flathead County District Court on Dec. 5 seeking damages for alleged harassment from dozens of colleagues. The City of Kalispell, the Kalispell Police Department and 100 “John Does” are listed as defendants in the case.
According to the lawsuit, O’Neil has worked for the KPD since 1999 as an officer and briefly as a detective from 2009 to 2012.
The lawsuit states that some of the harassment O’Neil faced came in 2012 when she became pregnant with her third child and began experiencing difficulties with the pregnancy. A doctor told O’Neil that she should not do any heavy lifting during her pregnancy, so she requested a light duty assignment so that she did not have to carry a 30-pound duty belt. According to court documents, O’Neil’s request was denied and she was forced to use accumulated vacation time and sick leave. Once those two reserves were exhausted, O’Neil says she was forced to take unpaid leave for the remainder of her pregnancy.
During that same period of time, a male officer had also asked for a light duty assignment and his request was approved, according to court documents.
The lawsuit alleges that O’Neil had also applied to be a sergeant on numerous occasions but was frequently denied that promotion, even though she had some of the highest testing scores in the department. Later, according to court documents, a now-retired police department administrator told a colleague, “O’Neil would never be promoted to Sergeant because male officers would not follow a woman’s leadership.”
O’Neil was also harassed by male coworkers over the years, the complaint states. The suit states that in the past, O’Neil has been the recipient of sexually suggestive emails and notes. O’Neil was also present when male officers would “engage in inappropriate sexual banter” during meetings. During one such meeting, O’Neil expressed her discomfort with what was said and a supervisor announced that the banter should stop so that he wasn’t “named in a (lawsuit).”
On another occasion, O’Neil found a note in her work locker referencing a biblical verse that “dictates a woman’s place is at home and not in the work place.”
Earlier this year, O’Neil filed a complaint with the Montana Human Rights Bureau, but it was later dismissed.
O’Neil’s lawsuit alleges that the city and its officers created a hostile work environment and violated the Americans With Disabilities Act. She is seeking punitive damages and damages for emotional distress.
Kalispell City Attorney Charles Harball said the city has not been served the lawsuit and therefore he could not comment on the matter. However, he said he was familiar with the allegations because the city was involved in the dismissed Human Rights Bureau complaint.
O’Neil is still employed by the KPD.