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Township employee files gender discrimination lawsuit

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By Dave Greber, Staff Writer Updated 12:20 PM Wednesday, November 18, 2009

One of West Chester’s longest tenured employees says the township denied a request to allow her to retire and be rehired because of her gender, according to a federal lawsuit.

The civil rights lawsuit, filed Aug. 31 in U.S. District Court in Cincinnati, claims Communications and Information Technology Director Denise Bruce, an employee since 1976, was denied an opportunity that has been traditionally given to men with similar work histories, including her husband, former Police Chief John Bruce.

Bruce, 54, who was promoted to her current position in 1998, became eligible to receive full benefits through the Ohio Public Employee Retirement System in 2007. In September of that year, the lawsuit says Bruce approached the township with a request to participate in its retire/rehire option.

The option — used by townships, municipalities and school districts — allows an employee to retire then be rehired often at a lower salary, while collecting OPERS benefits. Although dubbed “double dipping” by some, employers say such programs allow them to maintain a level of experience at a lower cost.

Township Administrator Judi Boyko confirmed Tuesday, Nov. 17, her office had received the lawsuit and that it would respond as it does to all litigation. She declined to comment further.

Bruce also declined to comment.

The township’s answer, filed Oct. 29 in federal court, denies the discrimination claims.

A public records request showed the same year Bruce was denied participation to retire/rehire, the township approved similar requests for two male police lieutenants. In the two years leading up to Bruce’s request, the township approved three requests for male employees — each a member of the police department — including her husband, who was afforded the opportunity on Dec. 31, 2005, according to records.

Bruce also says she was denied her request out of retaliation after claiming the township’s actions for its male employees were discriminatory during a meeting with Boyko in October 2007.

Bruce filed a charge of discrimination with the Equal Employment Opportunity Commission on Aug. 26, 2008.

Less than a month later, the township launched an investigation into its chief of police. That investigation claimed John Bruce’s nephew — a police officer trainee in line for a position with West Chester — lied about his criminal history and drug use, and that John Bruce instructed him to do so.

Bruce never faced disciplinary action from the township, however his contract was not renewed when it expired Dec. 31, 2008. His nephew was asked to resign before ever donning a local badge.

The lawsuit seeks unspecified damages.

The lawsuit says Bruce received a “right to sue” from the EEOC on June 2, which led to the filing in U.S. District Court nearly three months later.

Denise Bruce

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