The University of Wyoming and UW Foundation has motioned a summary judgement for a discrimination lawsuit, arguing sufficient evidence has not been presented that a former staff member lost her job for reasons other than necessary reorganization resulting from budget reductions.
Hired in 2014, former human resources manager for the UW Foundation, Mandy Davis, filed a lawsuit in Mar. 2017 claiming the elimination of her position was a ploy for unlawful retaliation against her for submitting complaints against her superiors.
Davis filed the complaint against the UW Foundation President, Chief Executive Officer, William Blalock and Vice President for administration and donor relations, Mary Ivanoff, with the UW Office of Diversity and Employment Practices in July 2015. The filed complaint was for comments about a recently hired employee with a physical disability. These complaints were thoroughly investigated, and no evidence of discrimination was found.
In Dec. 2015, Davis, along with three other employees, were told their positions were being eliminated.
“As the university’s court filings indicate, Ms. Davis’s job was eliminated as part of a budget-reduction plan in response to a significant decline in the state’s economy and funding for the university,” said Chad Baldwin, Director of Institutional Communications. The hiring freeze was implemented by UW President McGinity.
Following the hiring freeze, “…UW’s Director of Human Resources explained in a document that personnel eliminated due to reorganization must be shown to perform duties no longer critical to the operation of the department, and that retrenchment is not for the purpose of eliminating employees without due process,” according to LaramieLive.com. Blalock professed Davis’ position was not critical to the primary responsibilities of the foundation.
Davis then filed a discrimination and retaliation complaint with the Labor Standards Office of the Wyoming Department of Workforce Services.
“After another thorough investigation, the Department of Workforce Services dismissed the complaint in November 2016, stating there was no reasonable cause to conclude that the university engaged in discriminatory acts detrimental to Davis,” Baldwin said.
The U.S. Equal Employment Opportunity Commission adopted the findings of the Department of Workforce Services in Jan. 2017, issuing Davis with a standard “right to sue” letter. She filed her lawsuit in a U.S. District Court in Mar. 2017. Ivanoff was dismissed as a Defendant in Aug. 2017.
Former practicing lawyer and social science/business instructor at Eastern Wyoming College, Ellen Creagar said, “Davis will have time to write a response and the lawyers may go argue this motion before the judge because these are high stakes: if the judge grants this motion, the claims against UW are dismissed and it’s over.”
Davis was rehired to another human resources position at UW in Mar. 2016 from entrenchment. She continued to work for the university until Apr. 2018, when she took a job in the private sector.
