PRINT
E-MAIL STORY
NEWSLETTER SIGN UPlpanter@barrowcountynews.com
It’s a federal lawsuit, but it reads more like the plot line to a soap opera involving the City of Winder and former employee Sue Fowler, who filed the case Friday in court, alleging sexual harassment and retaliation by the city’s employees.
The suit names the City, as well as City Administrator Bob Beck and Finance Director Leslie Ginn as the defendants.
"While working for the City of Winder, [Fowler] was subjected to discriminatory treatment on the basis of her gender and [Fowler] was terminated because of her gender and in retaliation for complaining of gender discrimination," it reads.
The lawsuit also alleges that Fowler was terminated while on approved leave from the Family Medical Leave Act.
According to the suit, Fowler was hired as a staff accountant. Beck was then the Finance Director, and shortly after Fowler began working for the city, Ginn was hired as Assistant Finance Director.
In August 2005, Beck became City Administrator and Ginn was promoted to Finance Director.
Until Fowler was fired, Ginn was her direct supervisor.
Fowler, in February 2005, became Accounts Payable Clerk as well as Court Administrator.
"While Fowler and Ginn were initially friends after Ginn was hired, Ms. Ginn’s increasingly sexually inappropriate behavior caused increasing stress and discomfort to Fowler," according to the lawsuit.
During 2007 and 2008, Ginn subjected Fowler to sexually inappropriate behavior and comments, it states.
In January 2008, Ginn "pressured" Fowler to go to the Trapeze Club, an Atlanta "swingers" club which advertises itself as "an alternative lifestyle club ... where hot, sexy singles meet, a Garden of Eden devoted to transforming your wildest fantasies into reality."
Also, during a business trip to New Orleans in February 2008, Ginn showed nude and partially nude photos of herself and her husband to Fowler.
On the same trip, Ginn showed Fowler sexual text messages she was sending her husband.Ginn’s husband kissed Fowler without warning on the city-related trip "in Ginn’s presence and with her approval."
The suit alleges Ginn asked Fowler to come to her hotel room while in New Orleans, and that she called Fowler while she was with a co-worker and told her that Ginn’s husband could not wait for Fowler to get there as he "wanted somebody different."
According to the lawsuit, these incidents are not "an exhaustive list of the sexual harassment ... but are merely illustrative examples ..."
Fowler rejected requests to visit both the Trapeze Club and Ginn’s New Orleans hotel room.
Fowler distanced herself socially from the Ginns, and "Ginn and her husband began evidencing their displeasure with Fowler’s social distancing."
On Friday, March 21, 2008 Ginn insisted Fowler attend a Mary Kay party at her home, which other city employees attended. When Fowler arrived, she attempted to avoid the Ginns, who she claims appeared drunk.
The following Monday Ginn told Fowler she and her husband were disappointed she had left early.
That Thursday, March 27, Fowler was demoted and would no longer serve as Customer Service Supervisor or Court Administrator, which resulted in a pay cut of $3.50 per hour.
The case states that Fowler’s duties "were removed in retaliation for Fowler’s rejection of Ginn’s sexual advances and sexual harassment."
Fowler was not given specific reasons for her demotion. Ginn did mention to Fowler that something had been mishandled with Municipal Court on Monday evening. The court clerk was out that night, and Fowler had performed the job.
The court clerk told Fowler that Ginn had come to her asking for complaints about Fowler.
According to the case, multiple people within the City of Winder knew of Ginn’s behavior and did nothing to stop it. Because of that, Fowler made a formal complaint in April 2008 against Ginn.
The City launched an investigation against Ginn, and found her in violation of employee policy. In a letter from Beck to Ginn, he reprimanded her for sharing text messages with Fowler that were "of a sexual nature while using a mobile phone subsidized by the city," "engaged in comments about attending an adult club and invited Ms. Fowler to attend" and "shared nude or partially nude pictures with Ms. Fowler."
Ginn was docked pay, had to reimburse mobile phone expenses and her e-mail account was monitored monthly. She also was required to have training regarding workplace harassment and her supervisory authority was limited for 12 months.
Afterwards, Fowler received the "cold shoulder" from City employees, allegedly at the request of Beck, who Fowler says liked Ginn "very much."
The suit claims that Fowler heard Beck compliment Ginn’s butt on several occasions, and that the pair talked often and lunched together most days.
Fowler also alleges that Beck allowed Ginn special privileges, such as arriving late, leaving early and having paid leave to travel within the first six months of her employment.
On Jan. 30, 2008, Fowler went out of work on FMLA-approved leave for surgery. She was approved for leave until Feb. 5.
Beck called Fowler on Feb. 4 to inform her she had been terminated as part of the city’s restructuring and that she was "more than welcome to call her attorney."
"Fowler was chosen for lay-off because of gender discrimination and in retaliation for her sexual harassment complaint," according to the lawsuit.
The "defendants’ actions were willful, deliberate, and intended to cause Plaintiff harm and/or were committed with reckless disregard of the harm caused to Plaintiff, in derogation of her federally protected rights including her right to Equal Protection under the law."
Fowler is asking that each defendant be enjoined from discriminating and retaliating, that she be awarded all compensatory and punitive damages afforded her by law, including back pay and attorneys fees, and be reinstated to her position.
The City, which is being represented by Atlanta firm Elarbee Thompson Sapp and Wilson, has a 20-day period to respond to Fowler’s allegations.
