Scott County Sheriff Wes Drury's lawyers contend he is not an 'employer,' so can't be sued for discrimination; plaintiff's attorney disagrees

Scott County Sheriff Wes Drury wants a judge to dismiss him as a defendant in a discrimination lawsuit brought by one of his deputies on the grounds he is not an �employer.�

But the plaintiff�s attorney responded in a filing in Scott County Circuit Court that Drury is an employer as defined by state law.

Deputy Tina Kolwyck is suing the department, county government and the sheriff for alleged discrimination, sexual harassment and other workplace violations.

Kolwyck�s lawsuit, filed in September, claims, among other allegations, that Drury violated the Missouri Human Rights Act by removing her from her position as jail administrator and replacing her with a male deputy who had no experience in jail administration.

She also claims the defendants created a hostile work environment through sexism and other forms of discrimination.

Kolwyck joined the Scott County Sheriff�s Department as an assistant jail administrator in 2013 and was promoted to jail administrator the following year, becoming the first female jail administrator in Scott County history.

The lawsuit alleges Drury treated Kolwyck unfairly because she was forced to take medical leave in 2016 after suffering a heart attack and because of her gender.

Kolwyck also accuses Drury and his deputies of making sexist and vulgar remarks about a female colleague�s genitals.

Kolwyck is represented by Cape Girardeau attorneys Laura and John Clubb.

Laura Clubb said in September that Kolwyck was highly qualified for the job, having had more than a decade of experience working for the Department of Corrections before joining the sheriff�s department. Clubb also said Kolwyck regularly earned positive reviews from superiors for her work as jail administrator.

Drury�s attorney, Bradley Hansmann of St. Louis, filed a motion Nov. 21 seeking to have his client dismissed from the lawsuit.

In a memorandum to the court, Hansmann said that under an amendment to the state law in 2017, a person cannot be considered an employer unless he has six or more employees. �Sheriff Drury has none,� Hansmann wrote.

Hansmann said Drury is a �co-employee of plaintiff, not an employer.�

Drury�s attorney wrote, �Even accepting plaintiff�s allegations as true, Sheriff Drury is entitled to dismissal of the claims against him.�

But attorney John Clubb said in a Dec. 5 memorandum Drury�s argument relies on an amended law that was not in effect when the alleged discrimination occurred.

Clubb wrote the events that led to the charge of discrimination occurred in January 2017, nearly nine months before the amended law took effect.

Even if the amended law is used, Drury still is an employer, Clubb said.

�The sheriff is an independently elected political or civil subdivision of the state who has six or more employees,� he wrote. The argument that Drury has no authority to hire or fire his deputies and other employees is �ridiculous,� he said.

�Sheriff Drury�s ability to hire and employ deputies and other personnel are set by Missouri�s statutes,� Clubb wrote.

Drury�s interpretation of the Missouri Human Rights Act would give sheriffs the power to make counties financially liable for their violation of the law when those same counties �cannot fire or otherwise sanction them,� Clubb said.

He wrote that Drury�s interpretation �would lead to an absurd result.�

Judge Benjamin Lewis has not ruled on Drury�s request. Lewis was named the judge in the case after Judge David Dolan recused himself.

mbliss@semissourian.com

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