Court Dismisses Sexual Harassment Lawsuit Brought Against AD

Apr 18, 2014

A federal judge from the Southern District of Mississippi has dismissed a sexual harassment lawsuit brought against Jackson State University (JSU) and its athletic director.
 
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.”
 
Ward joined JSU on Sept. 1, 2004 as athletic department secretary. Seven years later, defendant Vivian Fuller was hired as athletic director. The plaintiff claimed that Fuller once looked down her blouse and “waggled” or “jiggled” her tongue in a suggestive manner. Spurned by Ward, Fuller allegedly became hostile toward her, refused to speak to her, openly berated her in front of other employees and insulted her on a daily basis. Fuller reportedly terminated Ward on Oct. 10, 2011.
 
The plaintiff 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.
 
The court concurred, not only as the case related to Fuller, but also the other defendants — the school and JSU President Carolyn W. Meyers.
 
JSU University Communications Executive Director Eric Stringfellow issued the following statement:
 
“Since the beginning of the case, our position has been that the lawsuit was without merit. The U.S. District Court’s dismissal of Lolita Ward’s lawsuit vindicates the university.”
 
Fuller, however, is not in the clear. Several other lawsuits have been filed against her, the most recent of which was brought by former administrative assistant Georgina Felder over the winter. Felder claimed she was fired in November 2012 in retaliation for her participation in investigations against Fuller.
 
The lawsuit says Felder was one of Ward’s supervisors, and that her assistance in investigations targeting Fuller led to a hostile work environment.


 

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