Discrimination, retaliation by former Chief Clark and city officials alleged
The administration of former Peachtree City Police Chief H.C. “Skip” Clark is headed for federal court again. This time it is a federal lawsuit brought by Shane Ficalore, a former Peachtree City police officer and husband of former city employee Lisa Ficalore, who had her claim of gender and disability discrimination against the police department settled for $300,000 in 2014.
The lawsuit identifies four counts for which former officer Shane Ficalore seeks relief. Those include discrimination in violation of ADAAA (Americans with Disabilities Amendments Act), retaliation in violation of ADAAA, retaliation for his exercise of the federal Family and Medical Leave Act (FMLA) and retaliation in violation of Title VII that prevents discrimination on the basis of sex, race, color, national origin.
The suit claims that, as a result of his wife’s claims against the city, and by way of his own claims of disability and efforts to obtain accommodation for his disability, Shane Ficalore suffered discrimination and retaliation by Clark, city officials and the City Council.
“Because Ficalore’s wife filed EEOC charges and discrimination claims, Peachtree City amended its policies to prevent employees from staying on a long-term disability beyond their leave under the Family Medical Leave Act (FMLA). This change of policy was applied selectively to Ficalore, but not to other employees of Peachtree City,” the suit claims.
The suit tracks what are said to be significant occurrences from the time Shane Ficalore was hired in August 2005 through February 2014 when he was terminated.
An example from the the court filing noted that “In January 2011, Ficalore received his first write-up ever, for ‘hygiene and appearance.’ This immediately followed Clark’s transferring Ficalore’s wife, who had made discrimination complaints about Clark, out of the police department into a position in City Hall,” according to the suit.
The suit states that during 2011 Lisa Ficalore filed amended charges of discrimination and in April 2012 Atlanta EEOC Director Bernice Kimbrough rebuked Clark in a letter for “‘engaging in conduct which has the effect of controlling or intimidating witnesses who could be required to testify during investigation of the above-referenced charge of discrimination’ and prohibiting him from doing so any further. In that letter, Ms. Kimbrough threatened to have the EEOC file suit seeking injunctive relief to stop the conduct. Ms. Kimbrough asked Clark to cease and desist.”
Two months later, in June 2012, “(Shane) Ficalore was informed by Sergeant Smith that he needed to work on his ‘accent’ per Lieutenant Mark Brown. Ficalore was told that he sounded too ‘country/southern.’ Ficalore explained he had been speaking that way for 40 years and it had never been an issue before. Sergeant Smith informed Ficalore that he was just doing what he was told to do from his commanders,” the suit said.
Attorney Ed Buckley is demanding a jury trial with an outcome of full back pay and benefits, reinstatement of his position with full benefits, compensatory and other damages and attorneys’ fees.
The city later settled Lisa Ficalore’s case for $300,000.
Clark served as police chief for six years and resigned without explanation on July 31, 2014.
