More join hiring bias suit against state

DES MOINES – Nine more African-Americans have joined a class-action lawsuit against the state alleging state government systematically discriminates against and excludes African-Americans from equal employment opportunities.

The suit describes what the plaintiffs' lawyer Thomas Newkirk said are instances where African-American employees or job applicants are passed over for jobs despite their qualifications.

Several state agencies are cited in the lawsuit and include the departments of transportation, corrections, cultural affairs, human services, public safety and Iowa Workforce Development, among others.

“Actually, what the state appears to be doing or has done is set up a private affirmative-action program for less-qualified whites,” Newkirk said.

The lawsuit was first filed in October 2007 with 14 named plaintiffs. Nine additional plaintiffs were added to the lawsuit in November 2008, and another nine were added this month.

Mary Traywick of Waterloo is one of the new plaintiffs in the case. The lawsuit alleges she applied for a position with the state's Promise Jobs program but was not hired, and officials reopened the application process. Traywick allegedly was told the application process was closed and then reopened because she had been the only applicant.

The lawsuit also alleges Traywick, an employee with Iowa Workforce Development, did not apply for a position as a workforce adviser in 2008 because it had a Spanish-speaking requirement, although the person who retired from the position did not speak Spanish.

Kenneth Hudson of Cedar Falls is another one of the new plaintiffs. He claims he applied for a position as a driver's license clerk but was not interviewed or hired, despite being qualified.

Other instances of alleged racial bias have been included in the latest court filing. They include the allegations that Fontaine Walker, an African-American dentist from Cedar Rapids, was passed over in 2007 for a position with the Iowa Department of Corrections in favor of a less-qualified white applicant.

Walker had worked for the state as a dentist since 1997, and was told by state officials he was not qualified for the job although he was the most qualified candidate and had been recommended, the petition alleges. It also claims corrections officials, after not hiring anyone, reopened the application process in 2008 and hired a less-qualified white applicant.

“This is manipulation of the hiring system to reopen positions at later times or under circumstances to get around or discourage African-Americans from employment,” the plaintiffs' petition states. Walker is not named as a plaintiff in the case, but his story was included in the lawsuit to support its claims.

Newkirk, the plaintiffs' attorney, said they have not seen the types of improvements to the state's hiring process they would like to see since filing the lawsuit.

Gov. Chet Culver issued an executive order in October 2007creating a diversity council to lead diversity efforts in state government and ordering diversity training for all state employees. State agencies also were required to develop diversity plans and retention and recruitment plans.

So far about 2,100 state managers and supervisors have attended an 8-hour mandatory course. Over 12,400 state employees have attended a mandatory half-day training session, and officials say training is ongoing.

“While this is an issue that takes time to address, the governor and lieutenant governor will continue to keep on fighting to make state government inclusive of all people and make our state a welcoming place for everyone,” Culver spokesman Troy Price said in a statement “As far as this specific case, our office does not comment on pending legal matters.”