Appeals court sides with officer in Aberdeen discrimination suit

The Washington State Court of Appeals has denied the City of Aberdeen’s request to review a ruling that the city violated the state’s Equal Pay Act and discriminated against a female police officer.

Kristi Lougheed sued the city for damages and back pay in October 2013, citing pay and gender discrimination after learning she had received a wage lower than male Aberdeen Police Department officers with comparable experience.

When she joined the department in June 2010, she had worked as a deputy for the Grays Harbor County Sheriff’s Department for 14 years, and for a year as a police officer for the Cosmopolis Police Department. At the time, Lougheed was the only woman on the Aberdeen force.

In September, Superior Court Judge David Edwards ruled in Lougheed’s favor in a partial summary judgement, and said Chief Robert Torgerson had violated the city’s own hiring policies.

“The city argues in its brief that this system enabled Chief Torgerson to take into account the officer’s skills and abilities and special knowledge, but Chief Torgerson specifically denied that that was the case,” the judge said in his decision.

The city filed for a discretionary review to appeal the case, which was denied on Thursday. The court cited that it found no errors in Edwards’ ruling.

Ben Compton, co-counsel with Victoria Vreeland, represented Lougheed.

“Of note, the Court of Appeals ruled there was no probable error in Judge Edwards’ decision that no rational jury would find that the city had any legitimate, non-discriminatory reason for the wage differences,” Compton said in an email.

Compton said that the amount of damages has not yet been determined, adding that it would be determined by a jury.

“We will present evidence at trial showing her economic loss, and the non-economic, general damages caused by the city’s discrimination and wrongful conduct,” Compton said in an email. “It is for the jury to determine that amount.”

Lougheed also has a claim against the city alleging that it retaliated against her after she filed her initial discrimination claim.

City Attorney Eric Nelson did not return messages for comment on Friday.