Federal choose drops discrimination lawsuit filed by transgender fireplace chief in rural Georgia
Rachel Mosby says she was fired soon after she reported as a woman.
A federal judge dismissed a lawsuit by a transgender woman who ran a Georgia rural fire department for more than 10 years but was fired shortly after the transition.
According to The Associated Press, the dismissal does not specifically address the merits of the case.
Instead, US District Court judge Tilman E. Self III found that plaintiff Rachel Mosby did not lack sufficient grounds to file the lawsuit. The self’s decision was based on an apparent technical flaw in the complaint Mosby originally filed with the Equal Employment Opportunity Commission.
However, Mosby’s attorney – Kenneth Baton – said he plans to appeal the verdict whenever possible.
Mosby, The Associated Press added, lost her position with the Byron Fire Department in June 2019. While city officials cited Mosby’s “poor performance” as the reason for her dismissal, the lawsuit alleges that her dismissal was “based on her gender, gender identity and ideas about gender stereotypes. “
In her lawsuit, Mosby said her dismissal had or will result in a number of negative consequences. In addition to losing future wages and financial benefits, Mosby claims her exclusion has cost her reputation as well.
LGBTQ flag. Image via catalog of offers, Flickr, CC BY 2.0, no changes.
The Macon-based Telegraph noted in a July 2020 article that Mosby had lost an earlier case against Byron.
In the new lawsuit, Barton alleged that Mosby’s dismissal was not only unjustified, but that her termination was not timely or in accordance with the fire department’s protocol.
“Now, based on our review of all of the city’s charters, ordinances, and human resources policies, it has become clear to us that the city has improperly resigned Chief Mosby,” Barton said in the summer. “Whether or not Chief Mosby was entitled to appeal as a department head shouldn’t matter. She should still be considered an employee of the city and be entitled to her old job. “
The Telegraph notes that while the Equal Employment Opportunity Commission took no action on Mosby’s complaint, the agency gave it the go-ahead to file a lawsuit.
However, the presiding judge carefully examined Mosby’s complaint and stated that it did not conform to EEOC guidelines.
For example, Mosby had not given an affidavit or a notarial affidavit, as required by the EEOC in discrimination cases. And although Mosby’s attorney tried to amend the complaint in July to include the missing documents, Judge Self said the request was far too late to be considered.
The court’s ruling, The AP added, also dismissed Mosby’s allegations that the City of Byron had refused due process and defamed them in the process.
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