Emily Featherston
Attorney Bentley Owens speaks to the Vestavia Hills City Council.
The Vestavia Hills City Council decided Monday to settle a race and gender discrimination lawsuit with a former city employee.
Eric Irons, a black man who was employed as a 911 dispatcher, filed the lawsuit in August 2015. Irons' position, along with several others, was phased out when the city consolidated its 911 services. He later sought a position with the Fire Department as an administrative assistant, but the position was filled by another candidate.
Irons alleges in the lawsuit that the city discriminated against him and infringed on his civil rights, and that his race and gender were the reasons he was denied the position.
Attorney for the city in the case Bentley Owens explained to the council Monday that when the consolidation took place, affected employees were encouraged and assisted in finding new jobs in surrounding areas, but that Irons wanted to stay with Vestavia Hills, despite being told there were no vacancies.
Owens explained that the Jefferson County personnel board releases a list of eligible candidates for open positions, and when the city obtained the list when looking to fill the administrative assistant job, Irons was not on the list.
Owens said Irons took a different administrative assistant test, but still wouldn't have been eligible. He said this was the reason the city initially tried to get the case dismissed. District Judge L. Scott Coogler denied that request.
Owens also told the council that Irons initially filed a complaint with the Equal Employment Opportunity Commission, but that he was denied.
"That didn't deter him," Owens said.
He said that when the judge ordered the case into mediation, Irons' and his attorney initially asked for $150,000 in damages. The city countered $10,000, but the mediation fell apart.
A few weeks ago, Owens said, they came back with an offer of $11,000.
While he said that the city had a strong defense and a good chance of winning should the case go to trial, the cost of taking the case that far would be far greater than that of the settlement. He also pointed out that even if the city were to win, Irons could appeal.
Mayor Butch Zaragoza said he had met with Irons and tried to encourage him to find another position in a neighboring municipality, like he and others did with all of the employees affected.
“We did not want to leave them out in the cold,” he said, adding that Irons' concerns that leaving the city would affect his pension were unfounded.
Place 4 councilor George Pierce expressed his frustration at the city being "between a rock and a hard place."
He said he was uncomfortable with agreeing to the settlement when the city had such a strong case, but that the potential cost of continued litigation was significant.
Place 1 councilor John Henley said that based on his experience, going with a known cost is usually better than taking the risk.
Owens agreed.
“Elimination of the risk is worth something to the city,” he said.
