Denver discriminated against, fired atheist employee, lawsuit says

An ex-employee is suing the City of Denver over claims he was discriminated against and later fired in retaliation for reporting an assistant manager who allegedly harassed him about religion at a holiday party.

Lakewood resident Austin Ray is seeking an unspecified amount of money for economic damages and compensation for pain and suffering, according to a civil rights lawsuit filed in U.S. District Court in Denver last month.

Ray, an atheist, was hired by Denver’s Department of Transportation and Infrastructure in October 2023, his attorney David Meretta with the Littleton firm Miller & Law wrote in the complaint.

At a holiday party on Dec. 22, 2023, an assistant manager repeatedly asked Ray questions about Christmas and insisted he answer whether he believes in God. Ray’s manager, who was present, did not intervene in the encounter.

Ray reported the incident to human resources and another manager multiple times and was “led to believe that measures to correct the discriminatory misconduct were underway,” according to the lawsuit.

But Ray’s manager started retaliating against him by changing his job duties, making him do meaningless tasks and isolating and alienating him within the department. He was fired on March 15, three months after the holiday party, without any write-ups, performance improvement plans or discipline.

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Ray later filed a discrimination and retaliation claim with the U.S. Equal Employment Opportunity Commission and was given a right to sue notice in October.

In a court filing responding to Ray’s lawsuit, attorneys for the city denied the allegations and claimed the city can’t be held liable for unlawful acts by employees because the city tried to prevent and correct discriminatory or retaliatory behavior.

“(Ray’s) damages, if any, are the result of (his) own conduct,” attorneys for the city wrote in the Feb. 18 response.

A spokesperson for the city attorney’s office could not immediately be reached for comment.

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from The Denver Post https://ift.tt/C3VuQ19