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Posted On: January 6, 2009 by

Sexual Harassment and Discrimination Lawsuit Against Mayor May Be Dismissed

A sexual harassment and discrimination suit filed by a former city employee Cynthia Rogers against the City of Elizabethtown and Mayor David Willmoth may be dismissed by a Judge in the U.S. District Court in Louisville. She claims that former Public Works Superintendent Bill Owen sexually harassed her from 2003 to 2004 and sexually discriminated against her from 2003 to 2007.

In the sexual harassment and discrimination lawsuit Rogers claims her supervisor acted under color of state law, deliberately and consciously engaged in adverse actions and retaliation against her which caused her to suffer injury that would likely chill a person of ordinary firmness from continuing to report other acts of sexual harassment or retaliation. She also claims the mayor’s actions violated her constitutional rights to freedom of speech, according to The News-Enterprise.

The city and mayor filed a motion to dismiss the lawsuit claiming Rogers was terminated for excessive absenteeism, which included using 900.25 hours of leave time between 2005 and 2007, frequently being late, and failing to appear without telling a supervisor. The city also claims that Rogers was wearing a City of Elizabethtown shirt, was intoxicated in a local restaurant at lunchtime and was warned about the incident and absenteeism.

Rogers is seeking a judgment against the city, Willmoth and Owen for monetary damages for the violation of constitutional rights. She is also seeking payment for past and future lost wages and benefits, past and future medical expenses, mental and emotional distress, personal indignity and humiliation.

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