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Former employee files suit against Overland Park
By: Holly Kramer, Staff Writer
Cindy Earnshaw, former Overland Park animal control officer, has filed a lawsuit against the city alleging discrimination because of her disability.
Earnshaw has Asperger syndrome, a neurological disorder that affects a person’s social interaction.
Earnshaw said she faced discrimination and bullying during her time with the Animal Control department before she resigned in April 2007.
Earnshaw said staff resented her because she did not make small talk with them.
“It’s natural for people to want to stand around and chit-chat,” Earnshaw said. “That’s not something that comes naturally to me. When I’m at work, I am there to work.”
Earnshaw started working at the department in 1999 and said the environment became increasingly hostile after she had been there a year and received positive feedback from evaluations.
“I was such a high achiever, (co-workers) actually articulated on numerous occasions that I was like that to make them look bad,” Earnshaw said. “When someone has Asperger’s, we’re focused on something and apparently that was a bad way to be.”
Earnshaw said her evaluations from the city are close to perfect.
Her duties included enforcing city animal ordinances, making sure that people and animals stayed safe, and writing reports and making court appearances.
“I was never bitten and no animal was injured by me,” Earnshaw said.
She said she asked for protection under the Americans with Disabilities Act and asked that staff attend sensitivity training. Earnshaw met Jenny Layton, a licensed master social worker, at the beginning of the training process.
Layton said the training did not help Earnshaw or the staff.
Layton said people with Asperger’s have difficulty reading body language and having reciprocal conversations.
“It’s a developmental disorder,” Layton said. “People with Asperger’s lack social savvy and some common sense. They are very literal thinkers. They can learn to have good conversations, but it’s not their natural communication mode.”
Judy Albright, who formerly worked with Earnshaw, described her as a good employee.
“Her work ethic would best be described as ‘intently focused.’ It does not matter what she is doing, Cindy has the ability to pinpoint her attention with laser-like accuracy,” Albright said. “She is habitually thorough, precise and professional. Her employee performance evaluations over the years she worked for OPPD would better detail her work ethic than I. Her personality is quiet, reserved but witty and perceptive and compassionate.”
Earnshaw received the Asperger’s diagnosis at age 36.
“It’s a new diagnosis in our country,” Layton said. “A lot of people Cindy’s age or older are hitting walls in their lives and not realizing that they might have Asperger’s.”
Layton said Earnshaw’s trials at work escalated.
“It got far out of hand,” Layton said. “Cindy had asked for the city to provide a written agenda for the meetings they had and they refused to do it.”
Earnshaw said the requests she made would not have cost the city a dime.
A roundtable discussion made matters worse, she said.
“In 2003, a major, two sergeants and other animal control officers were allowed to go around the table and say what they didn’t like about me,” Earnshaw said.
Earnshaw described being left out of the communication system when the department bought mobile phones for everyone but her.
“They all got personal Nex-Tel cell phones and used them to bypass police radio and communicate with each other and didn’t have to communicate with me,” Earnshaw said. “And that was tolerated.”
Earnshaw filed a complaint with the Equal Employment Opportunity Commission about the city’s “disregard” of the Americans with Disabilities Act.
The act states employers with 15 or more employees should provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.
Earnshaw said conditions did not improve and, seeing no hope from the EEOC complaint, she resigned in April 2007 and has not worked since.
“I miss my job every single day,” Earnshaw said. “It kills me that I can’t work.”
Earnshaw and Layton said they hope filing the lawsuit will send a message to the city.
“I hope Cindy is validated by the lawsuit,” Layton said. “The office hierarchy wanted to silence her, but behavior like that is unacceptable. The city needs to make changes to deal with people who have Asperger’s in the workplace.”
Earnshaw said she hopes the court finds the city discriminated against her.
“I hope it brings to light that discrimination is an issue in the workplace and there are laws in place against it,” Earnshaw said. “I hope the lawsuit brings this issue to the forefront. Though the city does have policies in place, they know that those policies don’t work for situations like mine.”
Layton said bullying can occur anywhere.
“People who don’t have disabilities are subjected to bullying,” Layton said. “Bullying in the workplace or anywhere else has a devastating effect on people. It kills people.”
Overland Park offered a statement that the EEOC issued findings of “No probable cause” regarding Earnshaw’s complaints. The statement said the city would respond “fully” to the complaint in court and the city remains “confident that when this matter is finally determined through the judicial process, its handling of this matter will be found to have been appropriate.”
No date has been set for the hearing.
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Earnshaw has Asperger syndrome, a neurological disorder that affects a person’s social interaction.
Earnshaw said she faced discrimination and bullying during her time with the Animal Control department before she resigned in April 2007.
Earnshaw said staff resented her because she did not make small talk with them.
“It’s natural for people to want to stand around and chit-chat,” Earnshaw said. “That’s not something that comes naturally to me. When I’m at work, I am there to work.”
Earnshaw started working at the department in 1999 and said the environment became increasingly hostile after she had been there a year and received positive feedback from evaluations.
“I was such a high achiever, (co-workers) actually articulated on numerous occasions that I was like that to make them look bad,” Earnshaw said. “When someone has Asperger’s, we’re focused on something and apparently that was a bad way to be.”
Earnshaw said her evaluations from the city are close to perfect.
Her duties included enforcing city animal ordinances, making sure that people and animals stayed safe, and writing reports and making court appearances.
“I was never bitten and no animal was injured by me,” Earnshaw said.
She said she asked for protection under the Americans with Disabilities Act and asked that staff attend sensitivity training. Earnshaw met Jenny Layton, a licensed master social worker, at the beginning of the training process.
Layton said the training did not help Earnshaw or the staff.
Layton said people with Asperger’s have difficulty reading body language and having reciprocal conversations.
“It’s a developmental disorder,” Layton said. “People with Asperger’s lack social savvy and some common sense. They are very literal thinkers. They can learn to have good conversations, but it’s not their natural communication mode.”
Judy Albright, who formerly worked with Earnshaw, described her as a good employee.
“Her work ethic would best be described as ‘intently focused.’ It does not matter what she is doing, Cindy has the ability to pinpoint her attention with laser-like accuracy,” Albright said. “She is habitually thorough, precise and professional. Her employee performance evaluations over the years she worked for OPPD would better detail her work ethic than I. Her personality is quiet, reserved but witty and perceptive and compassionate.”
Earnshaw received the Asperger’s diagnosis at age 36.
“It’s a new diagnosis in our country,” Layton said. “A lot of people Cindy’s age or older are hitting walls in their lives and not realizing that they might have Asperger’s.”
Layton said Earnshaw’s trials at work escalated.
“It got far out of hand,” Layton said. “Cindy had asked for the city to provide a written agenda for the meetings they had and they refused to do it.”
Earnshaw said the requests she made would not have cost the city a dime.
A roundtable discussion made matters worse, she said.
“In 2003, a major, two sergeants and other animal control officers were allowed to go around the table and say what they didn’t like about me,” Earnshaw said.
Earnshaw described being left out of the communication system when the department bought mobile phones for everyone but her.
“They all got personal Nex-Tel cell phones and used them to bypass police radio and communicate with each other and didn’t have to communicate with me,” Earnshaw said. “And that was tolerated.”
Earnshaw filed a complaint with the Equal Employment Opportunity Commission about the city’s “disregard” of the Americans with Disabilities Act.
The act states employers with 15 or more employees should provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.
Earnshaw said conditions did not improve and, seeing no hope from the EEOC complaint, she resigned in April 2007 and has not worked since.
“I miss my job every single day,” Earnshaw said. “It kills me that I can’t work.”
Earnshaw and Layton said they hope filing the lawsuit will send a message to the city.
“I hope Cindy is validated by the lawsuit,” Layton said. “The office hierarchy wanted to silence her, but behavior like that is unacceptable. The city needs to make changes to deal with people who have Asperger’s in the workplace.”
Earnshaw said she hopes the court finds the city discriminated against her.
“I hope it brings to light that discrimination is an issue in the workplace and there are laws in place against it,” Earnshaw said. “I hope the lawsuit brings this issue to the forefront. Though the city does have policies in place, they know that those policies don’t work for situations like mine.”
Layton said bullying can occur anywhere.
“People who don’t have disabilities are subjected to bullying,” Layton said. “Bullying in the workplace or anywhere else has a devastating effect on people. It kills people.”
Overland Park offered a statement that the EEOC issued findings of “No probable cause” regarding Earnshaw’s complaints. The statement said the city would respond “fully” to the complaint in court and the city remains “confident that when this matter is finally determined through the judicial process, its handling of this matter will be found to have been appropriate.”
No date has been set for the hearing.
Comments on "Former employee files suit against Overland Park"
Comments are limited to 200 words or less.S.Munro wrote on Apr 21, 2008 10:33 AM:
" I can't believe this garbage. This isn't exactly millennium behaviour. I have Asperger's myself, and if anybody treated me like that, they wouldn't get away with that. "
Jared Owens wrote on Apr 6, 2008 7:53 PM:
" Its pretty bad when the police department can't fix bullying for years at a time. Fire the chief and every body down from there Ernshaw is the only one of them that should still be there. "
Tammy Hill wrote on Apr 6, 2008 2:47 PM:
" It surprises me that a city with the distinction of being one of the best places to live would have leadership within its local government that would allow such blatant disregard for one of its own staff members, particularly one with a disability. For Cindy Earnshaw's superior(s) to allow her to be treated with such contempt over a sustained period of time is almost unforgivable, not to mention her co-workers' extremely infantile behavior. Having had the opportunity to get to know Cindy, I would find it difficult to hear anyone describe her as anything but extremely bright, thoughtful and kind, and especially caring of all creatures, particularly animals. What a huge loss the City of Overland Park has suffered in letting Cindy get away! "
emily santos wrote on Apr 5, 2008 5:31 AM:
" This is amazing! How many new golf courses is Overland Park going to spend to defend the indefensible?
Every court in the land could find Overland Park "not guilty" - but they will forever remain morally reprehensible.
How much would it cost to apologize?
Officer Earnshaw has ALREADY WON.
"
Every court in the land could find Overland Park "not guilty" - but they will forever remain morally reprehensible.
How much would it cost to apologize?
Officer Earnshaw has ALREADY WON.
"
Patricia Glauser wrote on Apr 4, 2008 11:33 AM:
" I would like to say that Offier cindy
Earnshaw was the best Animal control Officer we ever had in the Mokaw High-
lands sub-division we just couldn't get their attention the day she knocked on our door about an animal problem we had had for years was the best thing that ever happened to us and to this day even with out her things are still good due to her we miss her greatly her co-workers were
just jealous as they didn't get the
compliments to the supervisior as she did we didn't even know she had any
problems until this all came out she
protected the animals as well as the public she is a great person and we hope she wins her case we can't bully
in school why the work .Thank You
Patricia Glauser
"
Earnshaw was the best Animal control Officer we ever had in the Mokaw High-
lands sub-division we just couldn't get their attention the day she knocked on our door about an animal problem we had had for years was the best thing that ever happened to us and to this day even with out her things are still good due to her we miss her greatly her co-workers were
just jealous as they didn't get the
compliments to the supervisior as she did we didn't even know she had any
problems until this all came out she
protected the animals as well as the public she is a great person and we hope she wins her case we can't bully
in school why the work .Thank You
Patricia Glauser
"
M. Davis wrote on Apr 3, 2008 6:56 PM:
" It amazes me what people do to others and get away with as if nothing wrong has been done.
I have worked with Ms Earnshaw and from that working relationship developed a friendship. When I watched the way she was treated I felt like I was watching bullies on the playground from so many years ago.
This woman has put her heart and soul into her work and I have never seen someone give so much and receive so many accolades for their work... and then be told, "Not good enough, you're not "popular" enough." Well at least not since high school....
I can only hope that Cindy's goals are met. To bring to light the wrongs being done to so many like her, and even help stop one of those wrongs. She works now, as she always has, to help others!
She has spent her career speaking for those who can't speak for themselves. It's our turn to speak for her, let O.P. know that we do not approve of their bulling tactics, and rejection of those not like them! "
I have worked with Ms Earnshaw and from that working relationship developed a friendship. When I watched the way she was treated I felt like I was watching bullies on the playground from so many years ago.
This woman has put her heart and soul into her work and I have never seen someone give so much and receive so many accolades for their work... and then be told, "Not good enough, you're not "popular" enough." Well at least not since high school....
I can only hope that Cindy's goals are met. To bring to light the wrongs being done to so many like her, and even help stop one of those wrongs. She works now, as she always has, to help others!
She has spent her career speaking for those who can't speak for themselves. It's our turn to speak for her, let O.P. know that we do not approve of their bulling tactics, and rejection of those not like them! "
Jennifer Johnson wrote on Apr 3, 2008 1:20 PM:
" Having worked with Officer Earnshaw the entire 5 years that I served as Executive Director of Animal Haven, I found her to be an amazing advocate for both the human and animal residents of Overland Park. Quick to answer and respond to calls, I would routinely field comments regarding Cindy's stellar customer service, compassion and follow-through from Overland Park residents.
It was Officer Earnshaw along Highway 69 looking for an injured female German Shepherd who had laid waiting for help for three long days. It was Cindy who orchestrated the dog's surgery and helped raise the much-needed funds to allow that dog to become a local family's cherished pet. That dog is named Miracle. Miracles happened on Officer Earnshaw's watch.
Cindy was a voice for the voiceless. Her service to the community is sorely missed. "
It was Officer Earnshaw along Highway 69 looking for an injured female German Shepherd who had laid waiting for help for three long days. It was Cindy who orchestrated the dog's surgery and helped raise the much-needed funds to allow that dog to become a local family's cherished pet. That dog is named Miracle. Miracles happened on Officer Earnshaw's watch.
Cindy was a voice for the voiceless. Her service to the community is sorely missed. "
Kimberly Morrell wrote on Apr 3, 2008 10:17 AM:
" Cindy has my and many others' support and encouragement. It has gone way too long for people with disabilities to receive appropriate and adequate consideration, respect and accommodations in the work force. This case could open doors for peoples with disabilities across the country. I pray this lawsuit grabs the attention of the nation and not just the local areas surrounding Overland Park.
Now, if we could get more people to stand up and follow through with the legal aspect for their rights in the USA, maybe we would see a promising and SAFE future for our friends, families and loved ones with disabilities. I'd like to be able to be at peace when my son enters the work force while having a disability. God speed, Cindy! You are in our prayers! MFH2 "
Now, if we could get more people to stand up and follow through with the legal aspect for their rights in the USA, maybe we would see a promising and SAFE future for our friends, families and loved ones with disabilities. I'd like to be able to be at peace when my son enters the work force while having a disability. God speed, Cindy! You are in our prayers! MFH2 "
sandrab@hotmail.com wrote on Apr 3, 2008 10:17 AM:
" You have got to be kidding me. This is outrageous. Who is the decision maker responsible for letting this behavior and termination towards Ms. Earnshaw occur? Never in any work environment should you sit around a table with individuals of authority and be told what they personally don't like about you. Why didn't they just kick her too? I hope Ms. Earnshaw gets her justice. Come on city of OP, you're better than this, do the right thing. "
J. Davis wrote on Apr 3, 2008 3:00 AM:
" OP provided cell phones to everybody, including Cindy. The problem was that the other animal control officers were additionally allowed to bring their personal two-way Nextel phones to work and use them for years to bypass police radio traffic and exclude Cindy from field activities. Those immediate coworkers refused to let Cindy into their social clique - and then Cindy got destroyed for not being part of their social clique!
But then, people with Aspergers don't go to work to be in social cliques. They go to work...to work.
It's amazing that because you have a developmental social disability, you can be obliterated from the work place - for working!
Disgusting.
God bless Officer Earnshaw.
"
But then, people with Aspergers don't go to work to be in social cliques. They go to work...to work.
It's amazing that because you have a developmental social disability, you can be obliterated from the work place - for working!
Disgusting.
God bless Officer Earnshaw.
"
D.Ceit wrote on Apr 3, 2008 2:36 AM:
" Actually, the EEOC "findings" read as follows: "Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This DOES NOT CERTIFY that the respondent is in compliance with the statutes..."
That is not exactly "No probable cause."
"
That is not exactly "No probable cause."
"