Longtime employee sues Unified Government in KCK, claiming he faced racial discrimination
A 61-year-old public works employee says the Unified Government of Wyandotte County/Kansas City, Kansas mistreated him as part of a systemic pattern of racism where he and other Black employees are frequently passed over for jobs and promotions, according to a federal lawsuit.
The lawsuit, filed Thursday in the U.S. District of Kansas by Kenneth Mack Sr., says the longtime public works manager has seen race-based discrimination since he began working there in 1990. Among the examples is one case where a coworker called Mack the N-word during a workplace Christmas party and another when Mack was asked by a supervisor how he could afford to drive a Jaguar, the lawsuit alleges.
But in the latest incident, he contends, he endured the humiliating experience of being forced to apply for his own job after 16 years in the role, was eliminated from the candidate pool for no good reason and was then essentially demoted when the UG hired a white person without experience to replace him, who also got a considerable raise.
Reached by phone Thursday, Sarah Liesen, Mack’s attorney, said her firm is seeking justice for him “and that’s what we’re going to fight for.”
The UG has said it generally does not comment on pending lawsuits. A government spokesperson did not immediately reply to The Star’s request for comment Thursday afternoon.
Until last year, the lawsuit alleges, Mack was working as the manager within the solid waste division, overseeing the community recycling center and yard waste site. His duties also included managing contracts with waste haulers and residential trash collection, according to the lawsuit.
In July 2020, a memorandum was allegedly issued to employees essentially saying that the departure of Mack’s subordinate marked an opportunity for employment to a new position — the same one, Mack says, that he was already working. The lawsuit says emails were sent to 174 employees encouraging others to apply — but Mack never received one.
During the interview process, Mack allegedly heard phrases from superiors like “right fit” and “can-do attitude” as the necessary qualifications for the job. He contended he was a strong fit for the position and became the final applicant of four, according to the lawsuit.
In a later performance interview with the executive director of public works, Mack was allegedly told he was being removed from consideration and asked how he would feel if a person was hired who possessed no direct experience. He was also expected to train whoever was hired for the job, the lawsuit says.
When Mack complained about the situation, word got back to the executive director, who allegedly called Mack and used offensive language. Mack also contends he has witnessed the director generally treat Black employees negatively compared with white or Latino employees, and told the director during the meeting of a systemic racism problem within the UG.
Mack resigned roughly two months later, citing a “toxic” work environment.
In June 2021, Mack filed a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates allegations of race discrimination in the workplace. Following a review, the Justice Department notified Mack of his right to sue.
The lawsuit filed Thursday accuses the UG of violating federal law by discriminating against Mack on the basis of race and his age. It also alleges Mack was retaliated against for raising complaints about his experience.
The lawsuit seeks a jury trial and an undisclosed amount of damages.
Liesen, the lawyer representing Mack, is a partner at Kansas City law firm Edelman, Liesen and Myers. The firm also represented Kansas City, Kansas Fire Department employee Jyan Harris, who was awarded $2.4 million on civil claims of discrimination and retaliation.
