FCSO sergeant alleges ‘gentle work’ request was unfairly denied after surgical procedure | Persevering with protection subjects

A sergeant in the Frederick County Sheriff’s Office who is suing the county recently countered in a lawsuit that she was denied restricted duty following an operation, despite allegedly approving similar petitions for male MPs.

The sergeant’s May 7 complaint is one of the latest court records in a discrimination case against the sheriff’s office manager.

Amanda Ensor, who has been in the sheriff’s office for nearly two decades, filed a lawsuit against the agency, county, sheriff and other regulatory agencies in May 2020 for allegedly violating their medical leave rights and sex discrimination. The crux of the suit lies in Ensor’s participation in a YouTube video of the prank arrest in September 2018 and the experience she believes was discriminatory retaliation.

Sheriff Chuck Jenkins, in his official capacity, and Frederick County are indicted on charges of gender inequality in violation of Title VII of the Civil Rights Act of 1964.

Jenkins “categorically” denies Ensor’s claims.

Ensor’s updated complaint highlighted a letter from their superior in the Justice Service dated March 15, 2020 requesting Ensor’s permission to do restricted work following an upcoming operation.

Jenkins wrote in an email to The Frederick News post last month: “At the time of Ensor’s request, there was no restricted assignment in the judicial services.”

However, the letter from Ensor’s supervisor states: “I have several projects, Sgt. Ensor can work in light duty,” e. B. Updating records and setting up training. He goes on to explain how this would be beneficial for running court buildings.

Ensor cites three cases in the amended complaint where male colleagues – including the sheriff’s son, who is a deputy – were assigned allegedly restricted duties following an operation or injury.

When Jenkins replied this week, he denied the allegations again.

“The sheriff’s office will make decisions on light and changed duties on a case-by-case basis based on the agency’s needs,” he wrote in a statement emailed Wednesday. “As this case is currently in litigation and the answers are being prepared by a lawyer, I will not answer specific fact-based questions about modified and light tasks involving other agency staff.”

The sheriff continued in his statement on Wednesday: “I will be standing on my previous comment that I have heard Sgt. Ensor’s allegations of sex discrimination in relation to the attribution or any impairment of their use of [Family and Medical Leave Act] Leave FMLA. I will repeat that Sgt. Ensor was fairly disciplined and treated fairly in terms of deployment. However, she refuses to be held accountable for her actions. “

The complaint further argues that Ensor was able to work with some physical limitations after the operation.

Due to the rejection of her restricted duty application, Ensor claims she must ask colleagues to donate her sick leave.

Some of Ensor’s claims were dismissed by a federal judge on March 25, 2021. These included alleged violations of the Maryland Fair Employment Practices Act, tampering, and denial of FMLA benefits based on transfer / demotion and discrimination / retaliation for taking FMLA vacation.

The sheriff’s office has until June 4th to file a response in the US District Court for the Maryland District.

Follow Mary Grace Keller on Twitter: @MaryGraceKeller