In 2021, then-Topeka Police Chief Bryan Wheeles passed over two female supervisors for promotion in favor of a man who was less qualified and had credibility issues they did not, one of their attorneys said during opening arguments in a federal lawsuit alleging gender discrimination in policing.
The Topeka city government discriminated against police Maj. Jana Kizzar and Capt. Colleen Stuart on the basis of gender, attorney Mark A. Jess said.
Attorney H. Phillip Gragson, representing the city, responded that Wheeles acted reasonably and non-discriminatorily in choosing the best person for the job.
He suspected that the jurors would agree with Wheeles if they learned more about his passion for integrity and service and if they heard him explain the reasoning behind his decision.
A federal judge last month dismissed all but one of the initial claims
Gragson and Jess’ opening statements came Monday afternoon in the federal lawsuit filed by Kizzar, Stuart and Topeka Police Capt. Jennifer Cross in 2023. They allege the city discriminated against them by twice selecting less qualified men for promotion over Kizzar and Stuart and once selecting a less qualified man for promotion over Cross.
In August, a federal judge allowed Kizzar and Stuart to proceed with one of their claims, but the other claims, including Jennifer Cross’s claim, were dismissed.
Kizzar and Stuart continue to maintain that the city discriminated against them in 2021 by not promoting them to major and instead promoting Michael Cross, Jennifer Cross’s husband, to that rank.
They say there is evidence that a member of a selection committee involved labelled Michael Cross as ‘not promoteable’ and that Michael Cross has a reputation as unreliable.
Court records show the trial is expected to last five days this week.
Kizzar, Stuart, Jennifer Cross and Michael Cross will remain with the Topeka Police Department. Wheeles retired as police chief effective July 1.
This is what the plaintiffs say about the man who was promoted before them
Jess said on Monday that Kizzar and Stuart are both more qualified than Michael Cross, adding:
• Kizzar and Stuart have master’s degrees, while Michael Cross does not.
• Kizzar and Stuart have each led more of the four police stations in Topeka than Michael Cross.
• Kizzar and Stuart have both successfully attended more leadership schools than Michael Cross.
• Michael Cross is generally not trusted within the Topeka Police Department and is known for arriving late, leaving early, and taking long lunch breaks.
What did the city attorney say?
Gragson described both Kizzar and Stuart as “valuable” and “highly capable” members of the Topeka Police Department’s senior staff, adding that they have excelled in a profession that has historically been dominated by men.
He said the selection panel that evaluated Kizzar, Stuart and Michael Cross consisted of six members, four of whom were not employed by the Topeka Police Department.
Two panelists labeled Stuart — who acknowledged having a bad interview that day — as “not promotable,” Gragson said.
The selection committee members were positive about both Kizzar and Michael Cross, he said.
Kizzar was promoted after the lawsuit was filed
When attorneys for Kizzar, Stuart and Jennifer Cross filed their lawsuit in January 2023, Kizzar and Stuart were police captains in Topeka and Jennifer Cross was a lieutenant.
The Topeka city government subsequently announced in February 2023 that it was promoting Kizzar to major and Jennifer Cross to captain, the position Kizzar vacated. These promotions were effective April 1, 2023.
Kizzar, Stuart and Jennifer Cross consider these to be “sham promotions” done solely because they sued the city, court documents show.
Wheeles resisted the promotions and refused to pose for photos with Kizzar and Jennifer Cross at their promotions ceremony, Jess said during her opening argument on Monday.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This article originally appeared on Topeka Capital-Journal: Trial begins in Topeka police gender discrimination lawsuit
