[A] woman who worked as an officer for the Castleton Police Department for more than a decade has filed a federal lawsuit against the town and its police chief, alleging that the chief had a plan to “get rid” of her and “has said that women should not be police officers.”
Attorney James Levins of Rutland filed the lawsuit Thursday in federal court in Vermont on behalf of his client Cheri McDermott, claiming that the town and the chief treated her “more harshly” than male police officers because she was a woman.
In the filing, McDermott, who has worked for the town as a police officer since 2005, stated that the town and its police chief violated federal discrimination laws and Vermont’s Fair Employment Practices Act in firing her.
McDermott was fired Dec. 3, 2017, by Police Chief Peter Mantello, according to the filing.
Levins could not be reached Thursday for comment. Neither Mantello nor Mike Jones, Castleton town manager, could immediately be reached Thursday for comment.
McDermott’s lawsuit seeks unspecified damages from the town, including money for lost pay and benefits.
“Chief Mantello has said that women should not be police officers,” the lawsuit states. “Chief Mantello has said that he (Mantello) had a three (3) year plan to ‘get rid’ of Cheri McDermott.”
Mantello became police chief in September 2014, the lawsuit stated.
According to the filing, Mantello placed McDermott on administrative leave on July 13, 2017, and fired her Dec. 3, 2017.
Earlier this month, Levins wrote, his client was issued “a right to sue letter” by the U.S. Equal Employment Opportunity Commission, the federal agency that administers and enforces civil rights laws against workplace discrimination.
The lawsuit stated that McDermott believed a police officer in the town was not properly reporting his time and was receiving pay for hours he didn’t work, and she notified the police chief who, she says, did not properly act on it.
The filing does not state the name of that officer.
“Cheri McDermott searched for evidence to support her belief that the officer was falsely reporting the time he worked,” the lawsuit stated. “She looked in the Castleton Police Station desk used by the Officer.”
Then, according to the lawsuit, she notified another officer of her findings.
Mantello, the lawsuit stated, then placed her on leave when another officer told him that McDermott had looked in that officer’s desk and took a photo of his pay stub.
On July 26, 2017, according the lawsuit, Mantello told McDermott through email that the investigation into the matter was 90 percent done and probably wouldn’t be complete until mid- to late-August.
“Upon information and belief, Castleton Town Manager Mark Shea told others that Cheri could not be fired, and that progressive discipline should occur,” the lawsuit stated.
However, according to the filing, Oct. 27, 2017, was Shea’s last day as town manager, and on Oct. 31, 2017, McDermott received a letter from the police chief notifying her that he was considering firing her and that a hearing was set for Nov. 14, 2017.
On Dec. 3, 2017, the lawsuit stated, the town and police chief informed McDermott that she was being fired for going into that officer’s desk and sharing information about his schedule with another officer, and she “committed petit larceny by stealing” a pay stub from his desk.
“These reasons are pretexts for termination,” according to the lawsuit.
The filing points out other instances involving town police officers that did not lead to such harsh consequences.
“For example, an officer showed his Castleton police badge to a bartender in a public tavern in an attempt to be served after the bartender refused to serve him alcohol,” the lawsuit stated. “We understand that he was simply told to apologize to the bartender.”
In another case, according to the filing, an off-duty officer was intoxicated in the City of Rutland and failed to comply with orders of Rutland City Police who were dealing with another situation.
“He received less discipline than Cheri McDermott received,” the lawsuit stated.
None of the officers are named in the complaint.
Also, according to the lawsuit, McDermott had previously brought a claim against the town in which she claimed that the town retaliated against her for filing a complaint about a hostile work environment.
The lawsuit does not state the resolution of that complaint.
And, the filing stated, the town provided “false information to the Town of Killington which caused them to withdraw their offer of employment (to her) as a part-time police officer.”
