Poplar Bluff city settles three discrimination lawsuits for $155K

POPLAR BLUFF, Mo. — The city of Poplar Bluff has settled three lawsuits involving street department employees who allege discrimination and harassment occurred under former superintendent Denis Kearbey.

The employees include two women — who said in court documents both age and gender were a target of harassment — and one African American man, who said he was demoted because of his race.

Also named in the suits were current city manager Mark Massingham and the city itself. In one case, another street department supervisor, Jody Hessling, is also named.

The settlements resolve all of the cases, Massingham said in a statement Friday. The city’s insurance company, Missouri Rural Services, will pay a total of $155,000 to the three individuals. The city will pay a $10,000 deductible.

No current or past employees have been disciplined as a result of the allegations, Massingham confirmed.

The city human resources department has scheduled safety training, he said.

“We are going to start doing training on harassment in the workplace and other topics specific to employees and working conditions and employee relations,” he said.

The information released by the city was done so under a formal Sunshine Law request made by the Daily American Republic. The city and plaintiffs have signed confidentiality agreements, officials said. State law requires any amounts paid by the city or on behalf of the city be released.

The individuals involved are current employees of the street department, according to court documents.

Barry Hubrins, who has worked for the street department as a truck driver and laborer, has received a settlement of $35,000. He has worked for the department for more than 17 years, according to court documents, which date back to late 2017. The incidents are alleged to have occurred in the fall and winter of 2017.

Angelyn K. Poole, an employee of the cemetery department, which is overseen by the street department, will receive a settlement of $55,000. Poole has worked for the city for more than seven years, according to court documents that date back to March 2019. The case involves incidents said to have occurred in 2016 and 2017.

Lois Regina Gray, an office secretary employed by the city prior to 2016, has received a settlement of $65,000. Gray’s case was filed in January 2019, and references incidents in 2016 and 2017.

All three cases recently have been dismissed by parties, according to Missouri Case.net.

“Any kind of lawsuit with the city or anybody for that matter is unfortunate,” Massingham said in a statement. “It costs the taxpayers money that could be better spent in other places but that is the world we now live in. These claims were settled by our insurance company and the amounts were paid by the insurance.”

Kearbey was put on paid administrative leave in September 2017, after he was accused by Gray of threatening her with a gun. Kearbey was subsequently charged with felony unlawful use of a weapon. Kearbey denied the charges and later accepted a plea deal involving misdemeanor charges. He was fired by the city in December 2017.

The street department is currently under superintendent Jerry Lawson, who was not with the department during the time frames mentioned in the lawsuits.

Hubrins

In court documents, Hubrins said race was a motivating factor when he was demoted from truck driver to laborer in June 2017. He was promoted back to truck driver Dec. 12, 2017.

Hubrins also said he has been passed over for promotion in favor of less experienced Caucasian applicants.

Court documents accuse city officials of altering position requirements to prevent African American employees from advancing, and disciplining African American employees more readily, and more severely.

Massingham is accused of protecting Kearbey from the consequences of his alleged behavior.

Poole

In court documents, Poole said Kearbey yelled at, belittled and harassed department employees, and other male employees followed his example.

She said she was made to feel unwelcome because of her age, and remarks were made by other workers to the effect that, “Women are too weak. They can’t do hard work,” and other statements. Hessling also contributed to the hostile work environment, according to Poole.

Poole said in court documents she, Gray and another employee, Tracy Nieft, met with Massingham in July 2017 to discuss the matter, and later with Poplar Bluff City Council members Robert Smith and Ed DeGaris.

The city took no noticeable action, she asserted. She said her car was keyed while at work, and a book left in a break room was “slashed.”

Poole indicated in court documents her position was reduced from full-time to part-time in December 2017 and alleged Kearbey made statements to other workers he would get rid of the cemetery department if he could.

The city said at the time budget constraints were responsible for the reduction.

Poole also said a female applicant with a commercial driver’s license was not considered for a job opening, which later went to a male applicant who did not have a CDL.

Gray

Gray also accuses Kearbey of belittling and harassing workers.

She said in court documents Kearbey accused her of siding against him with another employee who had filed a sexual harassment claim, and he yelled and cursed at her.

In another instance, the only women’s restroom at the street department was turned into a gender neutral restroom, while the men’s restroom was left untouched, Gray reports. This was done after Kearbey accused her of supporting the other woman, Gray said.

Gray also recounted a woman was not selected for a job that required a CDL, saying Kearbey felt the applicant was “too pretty.”

She accused Massingham and the city of failing to take action regarding Kearbey’s behavior, including the 2017 incident involving the weapon, which later led to Kearbey’s arrest.