Officials in a North Carolina city have settled with a former female firefighter who brought forward claims of a hostile work environment through a federal gender discrimination lawsuit. The former firefighter, Joy Ponder, will receive $155,000 in compensatory damages according to her attorney, John Hunter.
Ponder worked in the Asheville City Fire Department and was one of the highest-ranking females in her state as the Asheville Fire Department Division Chief. During her time with the Department, she was tasked with many high-level duties, including overseeing 12 stations.
After taking a leave of absence and later returning to her role, she claims that she was stripped of her duties and that her supervisors handed her position over to men. Additionally, she alleged that the fire chief, Scott Burnette, and others in the department inflicted emotional distress through the hostile work environment she was forced to work in.
Attorneys representing the city and Fire Chief Scott Burnette asked the judge for a pre-trial summary judgment to have the claims Ponder made thrown out. U.S. District Court Judge Martin Reidinger dismissed the claims made against the fire chief citing they did stand up to the protections offered under the 1964 Civil Rights Act Title VII as “supervisors are not liable in their individual capacities for Title VII violations.” Judge Reidinger announced that the chief’s employer, the city, could be held liable for violations of the Act.
Following the settlement, Ponder’s attorney noted how difficult it can be to pursue cases of gender discrimination as they typically don't survive summary judgment. He explained, “the city didn't come forward with settlement offers until that happened."
Hunter shared that the settlement is likely the second-largest he has pursued with the city of Asheville. He has represented municipal employees who have pursued cases against the city for over 15 years.
Ponder details that the hostile work environment began in early 2019 when she took a leave of absence due to breast cancer. When she returned to her post, she contends that the deputy chief and Burnette “designed and executed an effective demotion and campaign to display me as a poor performer and divisive employee.”
Ponder adds that she was required to move to an isolated corner office in which she was closely supervised. She adds that the hostility reached a point where she “was afraid to even walk to the restroom or copier.”
In a 2021 interview with the Associated Press, Ponder explained, “The continued harassment and abrupt disruption of my schedule and life that I had maintained successfully for many years led to a deterioration in my physical and mental health, and I was forced to leave.”
Following news of the settlement, Ponder shared, "I believe and hope that this settlement makes a statement that women will not just stand and be silent when treated unjustly." She added, “The settlement allows me to move forward with my life. I am eager to put this experience behind me and look forward to continuing my work for firefighters dealing with PTSD, as well as other future positive endeavors.”
