Karen Wenger claims she was wrongfully fired while working as a probationary officer.
By: Jennifer Potash
A former Princeton Borough police officer, who claims she was wrongfully fired, has filed a sex discrimination lawsuit in Mercer County Superior Court.
Karen Wenger of Burlington Township – in her lawsuit against the borough, Police Chief Thomas Michaud and Capt. Charles Davall (who was a lieutenant at the time of the alleged incident) – claims she should not have been terminated without due process.
Ms. Wenger, who was hired by the borough in August 1999 and fired July 14 while still on probation, alleges she was denied her civil rights.
The lawsuit states Ms. Wenger "is qualified and able mentally and physically to perform the duties of a police officer."
Also, the lawsuit states, the defendants "never filed any disciplinary charges or specifications against (her) concerning any alleged serious concerns that (they) or anyone else might have had about (her) performance and aptitude for police work."
Chief Michaud said the 34-member department currently employs two female officers and other women have served on the force in the past.
"We are anxious to hire qualified women officers and we were happy to have (Ms. Wenger)," Chief Michaud said.
In fact, the chief said, Ms. Wenger was his top choice to recommend to the Borough Council when it approved hiring her.
All newly hired police officers are subject to a one-year probationary period during which the recruit is trained, counseled and evaluated by the senior officers, he said. The recruits are informed of this policy when offered the job, the chief added.
"Yes, I did have a lengthy counseling session with her on Jan. 24 in my office," Chief Michaud said.
"I informed her of the problems in her performance," he said.
The chief added that during his 10-year tenure as chief, no other officer has failed to complete the probationary period.
Princeton Borough Attorney Michael J. Herbert said state law and municipal ordinance permit the designation of probationary status for new employees, who do not have the due-process rights accorded to permanent employees.
"It’s not something the borough does casually," Mr. Herbert said.
As an officer’s probationary period draws to a close, the chief said, he determines whether to recommend to the Borough Council that the officer be appointed to permanent status.
"I take very seriously my responsibilities to recommend to the mayor and council that an officer be appointed as a regular, permanent police officer and I have to have full confidence in that person," Chief Michaud said. "I will not put an armed police officer on the streets of our community if I don’t have faith in that person’s ability. I did not recommend her to council."
As a result of her firing, Ms. Wenger suit contends, she "suffered loss, including but not limited to loss of employment, salary, benefit and all other emoluments of her employment, as well as loss by reason of the violation of (her) rights."
She is seeking to be rehired, reimbursed for back pay and benefits along with "compensatory damages" and punitive damages.
Ms. Wenger, who claims that Chief Michaud and then-Lt. Davall violated state law in wrongfully firing her, also demands they be removed from their jobs.
"(The) (d)efendants are prohibited by law from discriminating against employees or potential employees on the basis of the sex or gender of such employees," the lawsuit states. "Defendants engaged in a course of conduct against (Ms. Wenger) in particular and against employees or potential employees who are female in general with respect to employment in the Borough of Princeton Police Department."
Capt. Davall declined to comment on the lawsuit.
Ms. Wenger also alleges in the suit that the police department uses equipment such as "large frame hand guns where there is no bona fide job requirement for the use of such equipment." She claims that equipment is "more difficult for persons with smaller size physical characteristics to successfully utilize."
Chief Michaud said the two female officers on the force are both physically smaller than Ms. Wenger and have no difficulty using the firearms.