DANNY WICENTOWSKI
St. Louis Circuit Attorney Kim Gardner.
A former diversion specialist at the St. Louis Office of the Circuit Attorney is suing her former boss, Kim Gardner, alleging workplace discrimination.
Rebecca Goetz was hired by the Circuit Attorney’s Office, or CAO, in October 2021 to work for its diversion program, which provides individuals accused of crimes the opportunity to avoid convictions by completing work, educational or treatment programs.
According to the lawsuit filed today in federal court, Goetz, who is white, faced racial discrimination and then was fired when she spoke up about it. In the suit filed by St. Louis-based attorneys Bevis Schock and Erich Vieth, she alleges civil rights violations that include retaliation based on her race and “discharge” based on her race, as well as a conspiracy claim.
A CAO spokesperson said in a statement they do not "provide public information on pending litigation regarding personnel matters other than to say that we deny that the Office engaged in any wrongful conduct and we intend to defend this action vigorously."
Much of Goetz's lawsuit centers on interactions between Goetz and other CAO staff during a May 19, 2022, meeting with Gardner and four other CAO staff members.
According to the lawsuit, the meeting was about a Diversion Program client who had spoken to a Normandy school group during a field trip to the courthouse organized in part by Goetz, as well as about a client who hadn't paid court costs they were obligated to pay.
A video of students mocking the Diversion Program client’s presentation had made its way to Gardner, who apparently said that this client was "not on track" to graduate the program. The lawsuit says that Goetz wrote an email in which she said she felt like the client was being unfairly punished for his poor public speaking skills, but that he was on track to get a job with a trucking company.
According to the lawsuit, Gardner told Goetz: "I prefer that you don’t write things out— that you just come talk to me.”
A few weeks after the field trip, on May 19, the staffers met with Gardner — and the meeting became racially charged. One of those present was Victor Martin, who according to Goetz's attorney is a CAO contract employee with a "major role" in the Diversion Program. According to the statement, "Martin is on parole and is listed on the Missouri Department of Corrections Offender Search website as having an 'Active Sentence' of 'Murder 1 st Degree.''
According to the lawsuit, as the group discussed the client who owed program fees, "Martin stated that he was bothered that Goetz kept track of the money that participants owed."
Martin allegedly told Goetz, "You’re not Black. You’re just a slave owner. That’s all you are. You’re a slave owner. I’m Black. You’re not. You will never help these participants."
Also at the meeting, the lawsuit alleges that Martin repeatedly said, "All you do is act like slave owners.”
According to the lawsuit, Gardner "did not stop Martin from making these accusations toward [Goetz] or admonish him."
According to the lawsuit, after the meeting grew heated, Gardner said, "Obviously, there is some racial tension. I’m going to call in Mr. Waheed. He’s used to addressing these types of situations. "
Khatib Waheed has been a diversion manager for the office since 2017. According to the lawsuit, Waheed told Goetz: "Becky, let me explain about our history … the office must protect Gardner because she is a Black elected woman with a new agenda and people who don’t like it."
According to the suit, "Waheed told [Goetz]: 'White people created racism. They put all the guns and drugs into Black and Hispanic communities and therefore . . . . racism.'"
According to the lawsuit, Goetz responded: "I understand. I agree with you regarding the poor communities, but I don’t understand why the color of my skin affects this program and what [Martin] is saying."
To this, the lawsuit says, Waheed told Goetz: "This is a perfect example of micro-aggression as racism."
The suit goes on to say that CAO staff member Reddit Hudson spoke up on behalf of Goetz, saying, "Racism is about intent and that [Goetz] had no bad intent."
According to the suit, Waheed replied, "You know that what you just said is a perfect form of a micro-aggression."
The following day, the lawsuit says, Goetz was put on administrative leave.
The lawsuit says that Goetz was then placed under investigation for texts she had sent to others in the office in which she complained of the way she'd been treated. In the texts she said she was upset about her treatment, that she felt she might get fired and that she was considering contacting an attorney if that happened.
Goetz was fired on May 26.
Goetz's lawsuit contends that she was fired for "no lawful reasons" and that her text messages with colleagues were "protected conduct."
Goetz previously filed a complaint with the EEOC, her lawyers say, and was granted the right to sue in federal court. She is seeking compensatory damages, punitive damages and attorney’s fees.
Employment lawsuits based on racial discrimination filed by white people have some history of success in St. Louis courts. In 2015, a former white professor at Harris Stowe was awarded $5 million when a jury found that the historically Black college had discriminated against her based on race.
This story has been updated with a statement from the CAO.
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