For the second time this year, a federal judge has dismissed the claim of a former Jackson State University employee against JSU and the school’s athletic director related to an allegation of sexual harassment.
Last spring, a judge dismissed the claim of plaintiff Lolita Ward, who alleged that defendant Vivian Fuller sexually harassed her. Ward, who joined the athletic department as a secretary in September of 2004, claimed Fuller began harassing her in 2011 after becoming AD.
Specifically, Ward alleged in the complaint that she “was subjected to disparate treatment and retaliation in her workplace because of her gender and in retaliation for making complaints about the sexual harassment.” Ward, who received a right to sue letter from the Equal Employment Opportunity Commission (EEOC), sought damages of $500,000 for lost wages, lost benefits, lost earning capacity, emotional distress and loss of reputation. She also asked for reinstatement and punitive damages.
Her case was dealt a severe blow, however, when the EEOC, after investigating Ward’s allegations, determined that it was unable to conclude that the information obtained established violations of any statutes.
In so ruling, the court found that plaintiff Lolita Ward “failed to show that there exists genuine issues of material fact with respect to any of the claims alleged in her amended complaint.”
The latest ruling involving the claim of Jerry Lewis, who was assistant director of athletic operations. Lewis alleged he was retaliated against after reporting that he witnessed Fuller sexually harass Ward. Specifically, he he was ridiculed by Fuller in front of his colleagues, excluded from meetings and from department-wide correspondences, and fired Jan. 31, 2012.
The judge in the latest decision found that Lewis’ claims were “vague” and that he failed to demonstrate that Fuller’s alleged acts of hostility toward him were motivated by any protected speech.
Claims filed by two other former JSU employees, Fredrick Robinson and Dalandus Henderson, are still working their way through the federal court. Both claim, like Lewis, that they were fired for supporting the investigation of Fuller.
