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Abstract
Citation: Middleton v. Lexington Fayette County Urban Government, 2022 WL 17253879 (E.D. Ky. 2022) The Lexington Police Department ("LFUCG") terminated Jervis Middleton, a former Lexington police officer, for allegedly making hostile remarks about fellow officers and disclosing sensitive department information to protestors during the summer of 2020. LFUCG contended that the parties' settlement agreement from Middleton's first disciplinary action bars his hostile work environment and disparate treatment claims, in part, because the agreement's plain language precludes "any claim" arising out of Middleton's "demotion and associated disciplinary investigation or proceeding." The difference between disparate treatment and disparate impact is that with a disparate impact claim, the plaintiff need not prove discriminatory intent but must demonstrate the existence of an employment practice which, although neutral on its face, has the effect of disproportionately affecting persons in a legally protected group. [...]Williams and Middleton were materially dissimilar because Middleton's use of law enforcement resources for personal reasons was substantiated by officer statements during the investigation, and Middleton allegedly disclosed the location of fellow police officers (unlike Williams).