FCSO sergeant alleges 'light work' request was unfairly denied after surgery
May 13—A female Frederick County Sheriff's Office sergeant suing the county has countered in a recent court filing that she was denied restricted duty following surgery despite allegedly similar requests being approved for male deputies.
The sergeant's May 7 complaint is among the latest court filings in a discrimination case against sheriff's office leadership.
Amanda Ensor, who's been with the sheriff's office for nearly two decades, filed suit against the agency, county, sheriff and other supervisors in May 2020 for allegedly violating her medical leave rights and discriminating against her on the basis of gender. The crux of the suit stems from Ensor's participation in a prank arrest YouTube video in September 2018 and then experiencing what she believes to be discriminatory retaliation.
Sheriff Chuck Jenkins in his official capacity and Frederick County face an allegation of disparate treatment based on sex/gender in violation of Title VII of The Civil Rights Act of 1964.
Jenkins "categorically" denies Ensor's allegations.
Ensor's updated complaint highlighted a March 15, 2020, letter from her supervisor in judicial services requesting Ensor be approved to work restricted duty after an upcoming surgery.
Jenkins, in an email to The Frederick News-Post last month, wrote, "There was no restricted duty assignment available in judicial services" at the time of Ensor's request.
However, the letter from Ensor's supervisor stated, "I have several projects Sgt. Ensor can work on while on light duty," such as updating records and setting up training. He goes on to explain how this would be beneficial to courthouse operations.
Ensor, in the amended complaint, cites three instances in which male colleagues — including the sheriff's son who is a deputy — were allegedly granted restricted duty assignments after undergoing surgery or suffering an injury.
Responding this week, Jenkins disputed the claims again.
"The Sheriff's Office makes decisions on light and modified duty assignments based on the needs of the agency, on a case-by-case basis," he wrote in an emailed statement Wednesday. "Because this case is currently in litigation and responses are being prepared by legal counsel, I will not answer specific fact based questions regarding modified and light-duty assignments involving other agency personnel."
The sheriff continued in his Wednesday statement, "I will stand on my previous comment that I categorically deny Sgt. Ensor's allegations of gender discrimination regarding assignment or any interference with her use of [Family and Medical Leave Act] FMLA leave. I will reiterate that Sgt. Ensor was fairly disciplined and was treated fairly in regard to assignment, however, she refuses to be held accountable for her actions."
The complaint further argues Ensor was capable of working after surgery, with some physical limitations.
As a result of her restricted duty request being denied, Ensor alleges she had to ask colleagues to donate their sick time to her.
Some of Ensor's claims were dismissed by a federal judge on March 25, 2021. Those included alleged violations of the Maryland Fair Employment Practices Act, unlawful interference and denial of FMLA benefits due to transfer/demotion and discrimination/retaliation for taking FMLA leave.
The sheriff's office has until June 4 to file a response in the U.S. District Court for the District of Maryland.
Follow Mary Grace Keller on Twitter: @MaryGraceKeller