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Lawsuit begins against UW Foundation

A University of Wyoming employee has filed a lawsuit against the University of Wyoming Foundation, claiming she was fired in retaliation to a complaint made against her supervisors.

“UW is incredibly important to the state and our community, and I think that’s why it’s even more important that the university does things in the right manner, and that’s really what this lawsuit is all about,” Davis said.

Davis said she was laid off as human resources manager at the University of Wyoming Foundation on Dec. 1, 2015, and was re-hired to a lower level position on Mar. 28, 2016, as an employment and staffing partner in human resources.

The complaint was filed with the University of Wyoming Office of Diversity and Employment Practices on July 14, 2015. According to the complaint, UW Foundation President and Chief Executive Officer, William Blalock, and Vice President for administration donor relations, Mary Ivanoff, had made remarks about an employee newly hired by Davis.

According to the complaint, Blalock told Davis that the new employee’s appearance was not “part of his vision” and did not embody the image of the UW Foundation, while Ivanoff allegedly said not to hire another “retard.”

Davis said she voiced concerns that her job would be in jeopardy after reporting their comments.

“Employees must be able to report their concerns about discriminatory practices without fear of retribution,” Davis said.

Davis was told her job was not crucial to the department.

Davis was one of four employees let go because of a hiring freeze put into effect by former University of Wyoming President Dick McGinity in October of 2015, according to the complaint.

“In terms of how it effects everyone, there’s obviously an emotional component to a lawsuit,” University of Wyoming College of Law Professor Michael C. Duff said. “Depending on who’s involved in the suit it can effect whole organizations, whole departments, working relationships and personal relationships. Lawsuits have all kinds of costs.”

Duff said that from what he can determine, the allegations of the case fall under the Americans with Disabilities Act (ADA). If the employer is found to have violated the ADA, the plaintiff is entitled to re-instatement, punitive damages, compensatory damages, back pay, and front pay.

In relation to potential implications stemming from the lawsuit that could affect the university, Duff said there are certain impacts people do not always think about.

Duff said the Office of Federal Contract Compliance Programs (OFCCP) is an office that has the power to suspend a university’s eligibility to receive federal contracts or funding.

“Although this would occur in very serious cases where there is pervasive discrimination shown, that is always a risk of those litigations,” Duff said.

Currently the case is awaiting response from the defendants to proceed litigation.

Davis received her bachelors degree from the University of Wyoming and has worked as an employee of the university for over 10 years.

Davis said this lawsuit is not something she has taken in a light manner, and it has been rather difficult.

“I think very highly of the University of Wyoming,” Davis said. “It is so important that the university does things right.”

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