City of Cottonwood settles in discrimination complaint filed by police officer Kiedi Dever

Cottonwood Police Officer Kiedi Dever reached a settlement agreement May 25 with the Cottonwood Police Department and the city of Cottonwood regarding a discrimination complaint she filed with the Arizona Attorney General’s Office on May 25, 2022. 

Dever originally alleged that Cottonwood subjected her to sex-based discrimination and harassment, then amended her complaint to include allegations that Cottonwood also discriminated against her on the basis of a disability and retaliated against her for engaging in protected activity under the Arizona Civil Rights Act. She also filed the complaint with the Equal Employment Opportunity Commission. 

Dever’s disability was not specified in the complaint or the settlement agreement. 

The ACRA prohibits employers from discriminating against individuals on the basis of sex or disability and makes it unlawful for an employer to discriminate against any individual because of the individual’s sex or disability, as well as prohibiting retaliation against an employee who has filed a charge of discrimination with the Civil Rights Division of the Arizona Attorney General’s Office. 

After an investigation, the division determined that there was reasonable cause to believe that Cottonwood discriminated against Dever based on her sex and disability and retaliated against her for filing a complaint. 

Under the terms of the settlement, Dever will be paid compensation of $67,142.92 and reassigned as a detective. She will be able to hold the position for a minimum of two years unless she voluntarily agrees to transfer to a different position or assignment. 

The division waived its right to file a civil lawsuit and closed the complaint, while reserving the right to investigate Cottonwood for any other charge against the city. 

Cottonwood’s managers, supervisors and human resources personnel agreed to abide by the ACRA and to refrain from engaging in any discrimination or retaliation of any kind against Dever or any other person who has opposed any practice reasonably believed to be unlawful or who has filed a complaint, grievance or charge. 

Cottonwood must also modify its existing nondiscrimination policies within 45 days to be compliant with the agreement, including ensuring its policies: 

• Prohibit discrimination and/or harassment based upon sex, race, national origin, color, religion, genetic testing, disability or age
• Prohibit retaliation against any employee or applicant for engaging in protected activity under any applicable federal, state or local law, including filing a charge of discrimination with a federal or state agency and participating in an investigation or proceeding
• Affirm a commitment to provide a work environment free of discrimination based on sex or disability Cottonwood will be required to conduct an interactive training by a qualified trainer for employees, supervisors, managers and staff about: 
• The provisions of the ACRA, Title VII and the Americans with Disabilities Act that prohibit discrimination and prohibit retaliation 
• How to recognize and appropriately respond to sexual harassment in the workplace
• Cottonwood’s policies and procedures as defined in the settlement agreement
• The dissemination of the Civil Rights Division’s antidiscrimination frequently asked questions to each attendee
• A detailed description of internal and external mechanisms for employees to complain about workplace discrimination and retaliation
• Information about myths and stereotypes regarding mental health-based disabilities 
• Information about how workplace statements or actions that perpetuate myths and stereotypes about individuals with disabilities or perceived disabilities and gender-based myths and stereotypes can create a hostile work environment and trigger an internal and external investigation
• Directions on how to file charges of discrimination with the division or EEOC, including the division and EEOC’s contact information 

The training will also include an affirmative statement that sexual harassment and a hostile work environment are unlawful under Arizona and federal law and are strictly prohibited by Cottonwood.

Within 30 days, Cottonwood will also establish an anonymous hotline and website for employees to make reports of discrimination, harassment or retaliation. After 120 days have passed, Cottonwood must make a written report to the division outlining its compliance with the agreement.