In Anne Wedow v City of Kansas City, decided March 24, 2006, the Eighth Circuit affirmed the decision of a jury and district court that female plaintiffs had been discriminated against in violation of Title VII.

The discrict court found that the City issued and required Ms. Wedow and Ms. Kline to wear ill-fitting male firefighting clothing, although female clothing and gear were available and management officials knew of sources from which female gear could be obtained. Because the protective clothing did not fit Ms. Wedow and Ms. Kline properly, they suffered injuries from fire and chemicals when the coats would not close properly, or too large hats and boots would fall off while fighting a fire. Ms. Wedow's and Ms. Kline's movements were cumbersome and restricted by pants that caused them to trip or prevented them from easily climbing ladders. Excess length in the fingers of gloves made it difficult to grip objects such as the fire hose. The City's failure to procure protective clothing tailored for women and its provision of only male-sized protective clothing to Ms. Wedow and Ms. Kline made their jobs more difficult and more hazardous than was necessary.

The evidence demonstrated that despite their complaints, no one in the Fire Department made any effort to provide Ms. Kline and Ms. Wedow with adequately fitting protective clothing from 1990 through October 1998. In October 1998, the Fire Department provided Ms. Kline with one set of female-sized protective clothing, although each male firefighter is given two sets of properly fitting clothing. In late 1998, Ms. Wedow received a female-sized pair of bunker pants and a male-sized coat; she never received a complete set of adequately fitting protective clothing during the relevant time period.

Ms. Kline and Ms. Wedow also complained of a lack of adequate restrooms, showers, and private changing facilities (referred to collectively as "facilities"). Showering at the station after fighting a fire is necessary to maintain good health when serving in 24-hour shifts. At a number of stations that Ms. Wedow and Ms. Kline visited on a daily basis as battalion chiefs, the restrooms were located in the male locker rooms with the male shower room, doors were not secure, males had the keys, and where female restrooms existed, they were unsanitary and often used as storage rooms. Food and water for the station's pet dog were kept in the women's room in two stations and sexually explicit magazines and a poster were kept in the female restroom in station 23. Most of the female restrooms that existed did not contain shower rooms and in some stations, the women's shower could be accessed only through the male bunkroom.

Department officials were aware of complaints about the facilities as early as 1993. From 1994 through 2000, the Fire Department submitted yearly budgets to the City requesting money for female locker room upgrades, and every year the City allocated money for this purpose, but the money was diverted to a whole-station upgrade at station 4, which already had a female restroom.

The evidence of retaliation revealed that from 1997 through 2000, Ms. Wedow and Ms. Kline were not provided opportunities to work in "shift designation" positions. These designations allow the designee to oversee particular subject matter functions that arise during the shift. They do not entitle a firefighter to any extra pay, but they do provide on-the-job experience that is critical to career advancement. Male battalion chiefs and males of lesser rank than Ms. Wedow and Ms. Kline received these career-enhancing designations, while Ms. Kline and Ms. Wedow were denied the same opportunities. The evidence demonstrated that battalion chiefs and captains who had served in such designated capacities were promoted. Ms. Kline also complained that she was denied opportunities to work "out of class"–temporarily assuming the duties of higher ranked officials. Because this experience is good preparation for promotional tests, it also enhances the ability for career advancement.

A jury awarded Ms. Kline $40,000 on her claim of sex discrimination with regard to clothing and facilities and $10,000 on her retaliation claim for the City's failure to assign her additional duties as a Hazardous Materials Officer, Safety Officer, EMS Officer, and Shift Advisor, and for not permitting her to work out of class as Deputy Chief. A separate jury awarded Ms. Wedow $225,000 on her clothing and facilities discrimination claim and $60,000 on her retaliation claim for the City's failure to assign her additional duties as a Shift Hazardous Materials Officer, EMS Officer, or Safety Officer.