EEOC terminates probe of MBC, however legal fight still possible

EEOC terminates probe of MBC, however legal fight still possible

By Bob Baysinger
Managing Editor

November 4, 2004

JEFFERSON CITY – The U.S. Equal Employment Opportunity Commission (EEOC) has terminated its processing of Carol Kaylor’s discrimination complaint against the Missouri Baptist Convention (MBC).

Kaylor, former MBC controller, was terminated from MBC employment April 15 for her involvement in unauthorized tampering with the executive director’s computer and e-mail files.

Maggie McFadden, a supervisor in the St. Louis EEOC office, said the EEOC has made a decision not to investigate Kaylor’s complaint any further.

“The individual (Kaylor) has the right to request a notice of right to sue," McFadden said. “This apparently means they want to go to court on their own. Evidently they have made that decision, and that is why we issue the right-to-sue notice."

The convention received the notice Oct. 29. It was in that document that the EEOC indicated that it was no longer involved in the matter.

“Our decision not to investigate further is not based on the merits of the charge. It has nothing to do with a lack of evidence."

The notice mailed to Kaylor at her Jefferson City home on Oct. 24 informs her that the right-to-sue notice is being issued at her request.

“Your lawsuit under Title VII or the ADA must be filed in federal or state court within 90 days of your receipt of this Notice or your right to sue based on this charge will be lost," the notice said.

Kaylor’s dismissal became public after she filed her complaint with the EEOC this summer and then told the Word & Way newspaper what she had done. The MBC Executive Board does not usually discuss personnel actions in public, but thought it necessary after Kaylor made her intentions public.

Kaylor was immediately confronted in February about her role in the incident that involved tampering with the executive director’s computer while he was out of the office. MBC President Monte Shinkle appointed a committee to investigate the facts surrounding the incident and Kaylor’s subsequent misconduct allegations against Clippard.

“Our basic contention is that she was forced out of her position because she opposed practices were demeaning to her and to other employees of the Missouri Baptist Convention as women," Kaylor’s attorney Michael Berry was quoted as saying in a June 19 Word & Way article.

The MBC committee tasked with investigating the matter concluded on April 10 that the termination was justified because of the misconduct.

W. Terrence Kilroy, a Kansas City attorney, is representing the MBC in the Kaylor matter.

“The government has conducted no investigation and there are no findings in this matter," Kilroy said. “All they’re doing is responding to a request by Ms. Kaylor that will allow her to go to court without the benefit of the EEOC investigating and trying to resolve the matter."

Kilroy said the EEOC serves in a conciliatory function.

“The conciliation phase is a mediation phase to try to get parties to work together without going to court," Kilroy said. “And Ms. Kaylor is choosing on her own not to use that conciliatory function."