Council to vote on settlement of discrimination lawsuit

The Vestavia Hills City Council will vote Monday on a resolution that would authorize a payment of $11,000 to settle a racial and gender discrimination lawsuit filed against the city in August 2015 by Eric Irons, a black man who was formerly employed as a public safety dispatcher.

According to court documents, Irons, who worked for the city for more than 22 years, alleges the city discriminated against him because of his race and gender when he pursued a job opening at the Fire Department.

In July 2013, as his position as a dispatcher was set to be phased out, Irons said he was informed of an opening for an administrative assistant at the city’s Fire Department.

Irons claims fire Chief Jim St. John promised him he would be hired for the open position if he scored high enough on the two required administrative assistant tests.

The lawsuit alleges that although Irons passed the tests with a high enough score, the city never contacted him about the position or requested an interview.

The position was later filled by a Caucasian female applicant.

Documents show the city of Vestavia Hills denies that St. John made this promise and also denies that the city never contacted Irons about the position.

Irons’ lawsuit goes on to allege that the city “acted with malicious intent and/or reckless disregard” for Irons’ rights under the Civil Rights Act and that the city has a habitual practice of discriminating against people of color. Additionally, Irons claims in the documents that during his time as a city employee, only Caucasian females were hired to fill administrative assistant roles at the fire and police departments, as well as in the mayor’s office.

In its response, the city denied all forms malice or reckless disregard for Irons’ civil rights and claimed in its defense answer that it had “legitimate, non-discriminatory, non-pretextual” reasons for its actions.

The city sought to have the case dismissed before responding to the claims, but District Judge L. Scott Coogler denied the motion .

In the lawsuit, Irons requested a declaratory judgment from the court that the city discriminated against him; an injunction for measures such as requiring evidence that the city has implemented practices to avoid future instances of discrimination; and compensatory damages for his “irreparable injury” from the city’s alleged action.

Irons’ attorney, Cynthia Wilkinson, could not be reached for comment Friday afternoon.

The city’s attorney, J. Bentley Owens, said he did not want to comment before Monday’s City Council meeting so that he would not influence the council’s decision on the matter.

If passed, the resolution up for a vote Monday would settle the lawsuit for $11,000, and the payment would come from the city’s general fund.

Should the city decide against settling the lawsuit or if the settlement otherwise falls apart, the suit would go to trial before a jury April 10, 2017.

City Manager Jeff Downes said the city would not comment before Monday’s meeting, but said Owens would be present at the City Council meeting to discuss the resolution.

The meeting is open to the public and begins at 5 p.m. at City Hall.