Myriam Duncan, a former Berkeley Police Department public safety dispatcher, filed a lawsuit against Berkeley and her supervisor, among others, in the Alameda County Superior Court this month.
Duncan alleged that the city denied her the part-time status that she requested after her maternity leave based upon her race, ethnicity and status as a mother. Furthermore, she alleged that the city denied her reinstatement after she resigned upon the same grounds.
Duncan alleged that the city thereby violated the Fair Employment and Housing Act, or FEHA, a California law that prohibits employers from refusing to hire persons on the basis of race, pregnancy and childbirth. She alleged that white dispatchers, who were allowed to resign from their full-time positions, were able to return as part-time employees after having children.
Duncan also alleged in the lawsuit that she was the only Hispanic dispatcher employed by the city and the only dispatcher who spoke Spanish at the time of her employment.
After her resignation from the dispatcher position, Duncan alleged the city actively attempted to encourage several candidates to apply for dispatcher positions.
Duncan alleged her supervisor, Shelba Jasper, was angry that she “tattled” to city leadership by filing a grievance against Jasper for allegedly ignoring her requests for part-time status. The lawsuit alleges that Jasper’s “retaliatory intent” was a motivating factor for the city not reinstating Duncan after her resignation.
When Duncan tried to access her records from her time as a dispatcher, the records provided by the city allegedly did not include details like a commendation for her response to an active shooter incident in Emeryville, according to the lawsuit. Providing incomplete employment records is considered a violation of state labor law.
Duncan is also suing the city for allegedly denying her request to work from home on Fridays due to childcare needs on the basis of discrimination in violation of FEHA.In addition to the city, Duncan is suing Kevin Schofield, a BPD police captain and 25 unnamed employees in police and managerial positions in BPD.
Duncan is seeking compensation for lost wages, as well as emotional distress damages against the city and other defendants. According to Duncan’s LinkedIn page, she is currently employed by the city as a “Customer Service Specialist II.”