Court sides with trooper

Appeals court says State Patrol discriminated against gay ex- o∞ cer

The state Court of Appeals said the Colorado State Patrol intentionally discriminated against a former high- ranking officer when it denied him re- employment after agency leaders learned he is gay.

But the appeals court on Thursday also reversed a lower court’s decision to award former State Patrol Capt. Brett Williams $ 595,526 in front pay — 78 percent of the funds the patrol was ordered to pay him in 2013. The appeals court has sent the case back to the state personnel board to review the damages awarded and consider whether or not to order that Williams be reinstated.

Williams will be allowed to keep $ 172,742 of back pay awarded to him.

After 12 years with the patrol, Williams left the agency in early 2010 to pursue a career as a helicopter pilot. A few months later, he asked to return to the patrol.

During the polygraph test required as part of Williams’ reinstatement, a State Patrol sergeant asked Williams a question that forced Williams to reveal he is gay. This violated patrol rules prohibiting polygraph questions about sexual orientation.

The question concerned a massage Williams confessed to receiving in Thailand that involved sexual contact— which is not illegal in Thailand.

The examiner said Williams failed the polygraph because he showed a “significant reaction” to a question about illegal sexual conduct. Contrary to hiring standards that prevent polygraphs from being the sole factor con-

sidered in an employment decision, patrol leaders used the polygraph test as the reason for denying Williams’ reinstatement.

That decision was inconsistent with past decisions by the agency, which hired at least three other applicants after they failed polygraph examinations, according to the court’s order.

In 2012, State Personnel Board Judge Mary McClatchey ordered the patrol to include sexual orientation among the topics covered in agency diversity training programs.

The following year, McClatchey found that Williams will continue to suffer as a result of the patrol’s discriminatory actions against him and ordered the agency to pay $ 768,268 of front and back pay.

But on Thursday, the court of appeals ruled the judge exceeded her jurisdiction by awarding front pay.

Trooper Josh Lewis, a spokesman for the patrol, declined to comment specifically on the court’s order.

“The court process is going to play out, and as it does, we as an agency and individuals are looking forward to moving forward and doing our job, which is keeping people safe on the highway,” Lewis said.

Williams’ attorney, Scott Moss, was optimistic Williams “will get to be back on a motorcycle soon.”

While the decision to reverse the order to award front pay will be appealed, Williams, who has struggled to find a job that pays as well as his position with the patrol, is eager to be reinstated, Moss said. Williams also felt “vindicated” by the court’s finding that the patrol discriminated against him.

“We’re hoping that Officer Williams is reinstated and the patrol decides to act like a law enforcement agency rather than continue to act like bigoted lawbreakers as the court found they were,” Moss said.