Reverse Race Discrimination Claim Fails Because Employee Voluntarily Resigned

Lonnie Dodge began his career with the City of Belton Police Department in 2001. Mr. Belton was arrested in 2007 for driving while intoxicated and eventually pled guilty to careless and imprudent driving. Mr. Dodge did not tell his supervisor of his arrest or conviction.

The Department discovered that Mr. Dodge had been arrested for DWI during a background check. Upon discovering this information, the Department gave Mr. Dodge a choice - resign or be terminated. Mr. Dodge refused to resign and was suspended with pay. However, shortly after submitting his resignation, Mr. Dodge attempted to rescind his resignation. The Department informed Mr. Dodge it had already accepted his resignation. Mr. Dodge claimed he resigned because the Department told him that, if he resigned, his police officer's license would not be revoked.

Mr. Dodge sued the City of Belton under the Missouri Human Rights Act and Title VII claiming he was terminated because of his race (white). Mr. Dodge alleged that an African-American employee also failed to report an arrest but was not terminated.

Granting the City's motion for summary judgment against Mr. Dodge, the court found that because Mr. Dodge had resigned and was not actually terminated, he was unable to show that he suffered an "adverse employment action." The court also noted that, because he resigned, the only way Mr. Dodge could have established an adverse employment action was to show that the City "constructively discharged him" by "deliberately creating intolerable working conditions with the intention of forcing [Mr. Dodge] to quit." Citing the Eighth Circuit Court of Appeals, the court concluded that "an employee's being told that he or she will be fired for cause does not, in and of itself, constitute constructive discharge."

Dodge v. City of Belton, Missouri, No. 10-0038-CV-W-ODS (W.D.Mo. Feb. 4, 2011).