Female Des Moines police officers, employees allege sexual harassment, gender discrimination in lawsuit

Andrea May Sahouri
Des Moines Register

Five female police officers and employees want to hold the Des Moines Police Department accountable for what they claim is the sexual harassment, gender discrimination and retaliation they say they've endured — some for decades.

They say they want to ensure no other female employee shares the same experiences.

So, Tracy Rhoads, Jessica Bastian, Shannon Duffy, Megan Burnhardt and Cindy Donahue are suing the city of Des Moines and its police department.

"They love their jobs and they love being police officers," said the women's attorney, Jill Zwagerman. "That's why they are bringing this lawsuit.

"There are so many male and female officers that want the department to be better, and since the department doesn't seem to be able to do it on their own and treat women equally, filing this lawsuit was their last resort."

The lawsuit, filed Tuesday afternoon, alleges the city and the department violated the women's civil rights and includes allegations of sexual harassment, gender discrimination and retaliation spanning from the 1990s to as recently as last month.

In a statement Tuesday, the city said it hadn't yet received a copy of the lawsuit, but anticipated the allegations would relate to a failure by the city to "to respond to or (allow) sexual harassment to continue in the police department," calling any such allegations "not accurate."

More:Des Moines says allegations in police officers' harassment suit 'not accurate.' Read the city's full statement.

Among its allegations, the lawsuit claims:

  • Numerous naked photos were sent to female employees by former Des Moines Police Bargaining Union president and Des Moines police officer Stew Barnes, who then allegedly asked for naked photos in return. Barnes was allowed to retire "without consequence" last year.
  • The department is a "sexually hostile environment" for female employees, where sexist and homophobic comments can be heard "on a regular basis," women are treated like "sexual objects," and male officers tell female officers how big their penises are.
  • Female officers are called "crazy f------ dykes," and similar abusive epithets.
  • Officers have grabbed female employees' buttocks, asked to give female employees massages and committed other inappropriate touching.
  • Employees who file complaints of sexual harassment and gender discrimination against the department face retaliation, including being passed up for promotions, and transferred to different units.
  • Supervisors overlook qualified female officers for promotion and instead promote less-qualified male officers.
  • The department fails to investigate sexual harassment and gender discrimination claims.
  • Des Moines police officers accused of sexual harassment, like Barnes, are allowed to retire with benefits rather than being held accountable.

The lawsuit claims the Des Moines Police Department is aware of the harassment, discrimination and retaliation that takes place within the department but hasn't taken steps to change the behavior.

Instead, it alleges, the department "sweeps sexual harassment under the rug" and has allowed it to continue.

"Since the 1990s, the Des Moines Police Department ... has accepted, perpetuated, fostered and encouraged its male officers to sexually harass or sexually demoralize some of its female officers," the lawsuit states.

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Rhoads, for instance, complained to the department, her supervisors, the city's human resources department and the Iowa Civil Rights Commission several times regarding sexual harassment since she began working for the department in 1997, the lawsuit says.

But "the harassment continued ... nothing has changed," according to the lawsuit, and instead, Rhoads was often blamed for the harassment herself, and her complaints were met with laughs, jokes and comments such as, "what's Tracy b------- about now?"

Allegations of a 'naked dare game,' lack of investigation tied to police union chief's retirement

Each of the women devote significant portions of their lawsuit to detailing allegations against Barnes, who began working for the department in 1994 and became president of the Des Moines police union in 2001.

Barnes was allowed to retire in August 2020, just days after an internal investigation was launched into a violation of workplace conduct policies within the department, the lawsuit alleges.

The department would not disclose details regarding the investigation to the Des Moines Register. Because Barnes was allowed to retire — rather than being fired or demoted — his disciplinary record and complaints against him are shielded from the public, as allowed by Iowa law.

But Barnes confirmed to have sent the inappropriate photos and resigned his job before the inquiry concluded, the statement from the city Tuesday said. Police Chief Dana Wingert later determined the misconduct occurred and that it would have been a fireable offense.

“Contrary to plaintiffs’ complaints, the city does not have the authority to prevent the offending officer from resigning or receiving pension benefits,” the statement said, adding that decisions on benefits fall to the Municipal Fire and Police Retirement System of Iowa.

The lawsuit alleges numerous instances of sexual harassment by Barnes, alleging that Barnes sent Rhoads, Bastian, Duffy and Burnhardt naked photos of himself.

Rhoads, for example, began receiving explicit photos from Barnes in 2019, according to the lawsuit..

"He explained (to Rhoads) that he makes bets and wagers with groups of women and that the loser must do naked dares, which included sending and showing naked pictures of himself," the lawsuit states.

Rhoads attempted to ignore Barnes, but he began sending her text messages asking Rhoads to participate in his "naked dare game" and asked if she would film Barnes driving naked through Waterworks Park.

Barnes continued to ask Rhoads — and other female employees, she would later discover — to participate in his "naked dare game" for months, despite repeated requests to stop, according to the lawsuit,.

Rhoads reported Barnes to the department on Aug. 13, 2020, and Barnes retired seven days later, according to the lawsuit.

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Department ignored union head's harassment, plaintiffs say

After Rhoads reported Barnes, some in the department claimed Rhoads had enticed Barnes into engaging in sexual harassment and set him up, the lawsuit alleges, and that Assistant Police Chief Allan Tunks was dismissive toward Rhoads' allegations.

And after Rhoads complained about her coworkers' comments, "no action was taken," according to the lawsuit.

The lawsuit also states that nothing was done by the city or the department to prevent further claims of sexual harassment and that the women's claims weren't taken seriously.

After Rhoads reported Barnes, other female employees — like Bastian, Duffy and Burnhardt, who were also allegedly sent explicit photos by Barnes and asked to play his "naked dare game" — came forward.

They were interviewed by the department's internal investigation office, the Office of Professional Standards, the lawsuit says, but said nothing came out of it.

There was allegedly so little response that three Des Moines police officers began their own investigation because "OPS was not investigating properly," according to the lawsuit.

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A pattern of retirements without discipline, lawsuit alleges

Barnes was one of numerous male officers accused of sexual harassment in the lawsuit. He also was not the only officer that was allegedly allowed to retire or resign after allegations of sexual harassment came to light.

Former Des Moines police officer Ben Ihde allegedly resigned after Rhoads addressed, in front of supervisors, a comment Ihde had made about looking at a nurse's buttocks during roll call on Aug. 21, 2021, according to the lawsuit.

In 2002, former police officer Randy Dawson began asking Rhoads out. When she refused, according to the lawsuit, Dawson allegedly called her a "crazy, f------ dyke" and once grabbed her, forced her into a bathroom, held her in front of a mirror "and told her to look at herself and her 'ugly dyke haircut.'"

Dawson allegedly continued to harass Rhoads and other female employees and was promoted to captain before being allowed to retire without discipline.

Plaintiff says council member asked a supervisor: 'Please tell me that she's not a lesbian'

In 2011, Sgt. John LePorte allegedly began harassing Rhoads and other female employees, making comments about officers "being gay" and making gendered comments to female officers, "accusing them of taking too long" to complete tasks.

LePorte would also allegedly sometimes follow Rhoads and once gave her two large tubs of coconut oil, claiming it was "excellent" for massages.

A coworker who witnessed the alleged harassment purportedly filed a report, and the Office of Professional Standards "did not conduct a valid investigation by excluding witnesses that Rhoads identified, and instead interviewed individuals Rhoads did not work with," the lawsuit states.

Upset, Rhoads filed a complaint with a captain, who allegedly told her the incident was not a big deal and to "relax." Shortly after, Major Steve Waymire allegedly yelled at Rhoads regarding her complaints.

"If you're so afraid to come to work, then you can put on some dress clothes and come file papers in my office," Waymire said, according to the lawsuit.

Rhoads also detailed sexual harassment by former City Councilman Mike McPherson, who allegedly said to her sometime between the spring 1999 and spring 2001, "you must work out to have a body like that," adding to her lieutenant, "please, please, please tell me that she's not a lesbian," according to the lawsuit.

Those who spoke up faced retaliation from superiors, lawsuit alleges

Rhoads, Bastian, Duffy, Burnhardt and Donahue allege in the lawsuit they have been retaliated against for coming forward with sexual harassment and gender discrimination complaints.

When a male officer, supportive of Rhoads, reported Barnes for sexual harassment, that male employee was allegedly written up for not reporting the harassment earlier, the lawsuit says.

The action sent Rhoads "a clear message that she should not talk about the fact that she is being sexually harassed or discriminated against because whoever she tells will be disciplined," the lawsuit states.

In another instance of alleged retaliation, Donahue, who began working for the Des Moines Police Department in 1991, believes she was transferred to a different unit and passed on promotions after filing a complaint against the department.

Donahue filed a civil rights complaint in 2018 in support of a Black officer who allegedly had been targeted based on his race and also included allegations of sexual harassment and gender discrimination she had both witnessed and experienced within the department for years, the lawsuit states.

Ten days after her complaint was received by the Iowa Civil Rights Commission, both Donahue and the Black officer were transferred to the airport unit, which is "known throughout the department to be a form of punishment," according to the lawsuit.

Since filing the complaint, Donahue also says she was repeatedly passed on promotions.

In February 2021, Des Moines police officer Kirk Bagby was promoted to captain over Donahue.

Donahue had 11 years of seniority over Bagby, the lawsuit noted. Bagby was also listed in Rhoads' 2020 civil rights complaint after he allegedly grabbed her buttocks.

And after the department started a committee to support women in the department, Rhoads, Bastian, Duffy, Burnhardt and Donahue were not selected to be part of the committee, according to the lawsuit.

In its statement, the city said its “rules regarding work environment have been in place for decades and are in compliance with the law and judicial findings. Annual training is conducted to include the need for civility and respect among employees and the requirements for reporting perceived violations.

“The message has been and continues to be that no matter the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability of an employee,” the statement continues, “the workplace must be one in which all can thrive together and provide excellent public service.”

Read the document here

The lawsuit includes several other allegations spanning decades. Read more in the full document.

Staff writer William Morris contributed to this report.

Andrea Sahouri covers social justice for the Des Moines Register. She can be contacted at asahouri@registermedia.com, on Twitter @andreamsahouri, or by phone 515-284-8247.