Escolar Documentos
Profissional Documentos
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v.
Defendants
Michael Kiley, by and through his undersigned attorney, hereby brings this Complaint
PARTIES
2. Jefferson Pubic School District R-1 is a school district within Colorado, with a business address of
3. Josephine Gallagher (Gallagher) is an individual, a resident of Colorado, and is, or was Director of
West Terminal with a business address of 7000 HWY 73, Evergreen, Colorado 80439. Gallagher is sued
in her capacity.
JURISICTION
4. The purpose of this action is to redress and restrain acts or practices by Defendants which federal
4.a The EEOC has issued the Plaintiff a Right to Sue, stating Plaintiff could file a civil action under The
Americans With Disabilities Act within ninety (90) days of the date on which he received such Notice of
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Dismissal and Right to Sue. This Complaint has been filed within ninety (90) days of knowledge and
5. The Court has original jurisdiction over the subject matter of these claims pursuant to 28 U.S.C.
1331 and 1337. This action is authorized and instituted pursuant to the Americans with Disabilities
7. Venue for this action properly lies in the District of Colorado pursuant to 28
U.S.C. 1391(b).
8. This case arises out of the actions of Defendants in (a) discriminating against Mr.
Kiley on the basis of his disability, real or perceived by Defendants, by, among other actions,
subjecting him to adverse terms of employment to which similarly situated non-disabled workers
were not subjected, failing to promote and/or hire him for positions for which he was more
qualified than the person hired, and terminating him without cause, in violation of federal law
prohibiting discrimination on the basis of disability, and (b) wrongfully terminating him in
FACTUAL ALLEGATIONS
Background
9. Michael Kiley is a 68-year old male and a former employee of the Jefferson County Public School
District.
10. Mr. Kiley served as Substitute School Bus Driver for approximately four and one/half months prior
to starting as a permanent employee with Jefferson County Public Schools District. Mr. Kiley worked as
a Regular School Bus Driver from August 2017, until December 9, 2017, when he was terminated.
11. At all times throughout his employment, Mr. Kiley performed his job duties in an excellent manner.
Prior to December 9, 2017, he had no reprimands or other disciplinary action in his personnel file.
12. At all times, during Mr. Kileys employment with Jefferson County Public Schools District, Josephine
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Gallagher served as Director of the West Transit and served as the supervisory contact over Mr. Kiley.
13. Mr. Kiley was diagnosed with a hearing loss in March of 2001. Mr. Kileys hearing loss was
diagnosed at 25/26% of normal conversational range and required the use of hearing aids.
14. On or April 20. 2016 about Mr. Kiley requested he be provided a bus with a rear engine which
created much less noise and would have accommodated his hearing loss, but Ms. Gallagher
categorically denied the request for that specific accommodation, nor did she offer any other
accommodation suggestions.
15. Defendants never entered into any interactive dialogue with Mr. Kiley even though he requested
reasonable accommodation in the manner of continuing to use the smaller bus which Mr. Kiley was
allowed to opt for under the CBA. The smaller bus was quieter and accommodated Mr. Kileys hearing
loss. Ms. Gallagher inexplicably took the accommodating small bus away from Mr. Kiley with no
reasonable explanation of why and categorically advising Mr. Kiley it was done.
16. On or about November 17, 2017, Mr. Kiley, in order to retain his employment and at considerable
expense to Mr. Kiley, purchased much more powerful over the ear hearing aids which had a bus setting
which enabled Mr. Kiley to hear the radio transmissions more clearly.
17. Defendants treated him differently, and less favorably than similarly situated non-disabled
(a) Provided a bus attendant for other drivers, but failed to accommodate Mr. Kileys request for
(b) bus assistant which would have alleviated the problem for which he was fired, childrens
18. Mr. Kiley was diagnosed with a hearing loss in March of 2001. Mr. Kileys hearing loss
diagnosed at 25/26% of normal conversational range and required the use of hearing aids.
19. Defendants never entered into any interactive dialogue with Mr. Kiley about his
disability or perceived disability. Instead, after and during the time Mr. Kiley requesting
accommodation, Defendants treated him differently, and less favorably than similarly
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a. A female dispatcher who had a speech impediment which made it difficult or school bus drivers
to understand her inquiries and instructions over the radio led the Jefferson County Public school
District to provide accommodation for her speech impediment in the manner of having the electronics
of the dispatch panel upgraded and then inquired of the school bus drivers whether or not there was
b. Defendants continually accosted Mr. Kiley claiming he never answered the radio which
20. As a result of Defendants actions, Mr. Kiley suffered severe emotional and physical distress.
Emotionally, Mr. Kiley suffered and continues to suffer, among other effects, feelings of being violated
and victimized, anxiety, fear, anger, shame, humiliation, loss of enjoyment of life, depression,
nightmares and insomnia. Physically, Mr. Kiley suffered and continues to suffer, among other effects,
loss of sleep, nightmares, loss of appetite, nausea, migraine headaches, bouts of anxiety, and loss of
enjoyment of life.
21. Mr. Kiley has also suffered and continues to suffer economic damages from the actions of the
Defendants, including, but not limited to lost wages and benefits, and the necessity of incurring
VIOLATIONS ALLEGED
22. As to each of the following claims for relief, paragraphs 1 through 21 above are
incorporated by reference and re-alleged as if fully set forth in each separate claim.
CLAIMS
23. Mr. Kiley was disabled at all times relevant to this matter, and/or Defendants regarded Mr. Kiley as
disabled.
24. Through the actions, described above, especially those actions of Defendants:
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c. In failing to promote Mr. Kiley to the open position for which he had qualified under the CBA;
the Defendants discriminated against Mr. Kiley in violation of the Americans with Disabilities
25. In its actions, the Defendants acted intentionally, and in a willful and wanton manner, having been
advised by Mr. Kileys disability on numerous occasions that discrimination was occurring.
28. As a result of Defendants actions, Mr. Kiley suffered damages, including but
A. In view of all of the preceding, Mr. Kiley respectfully requests that this Court
(1) The conduct alleged is violative of federal and state law and of Mr. Kileys rights thereunder;
(a) Defendants pay to Mr. Kiley an amount the exact total of which is presently undetermined
comprised of:
(I) The actual damages he has sustained and damages he will sustain in the future as a result of such
(b) Mr. Kiley be awarded her costs of suit, including reasonable attorneys fees and costs;
B. Mr. Kiley have such other, further and different relief as this Court deems just and proper.
In accordance with Fed. R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury.
Respectfully submitted:
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Address of Plaintiff:
Conifer, CO 80433