Lexington-Fayette Urban County
Human Rights Commission
FOR
IMMEDIATE RELEASE
July
5, 2001
The
Lexington-Fayette Urban County Human Rights Commission awarded a Lexington woman
$14,013.91 in back pay and damages in a decision that upheld her claim that she
was passed over for a promotion due to her sex. This decision was a reversal of
the hearing examiner’s recommended decision in Diane
Ritchie v. GTE Service Corporation.
Diane Ritchie
claimed that she was passed over for a promotion because of her sex in April
1999. In May of 1999, Ms. Ritchie stated in her complaint with the Commission
that even though she passed the required test and she was the senior bidder for
the equipment technician position, a male applicant was chosen who had less
seniority. In addition, Ms. Ritchie claimed that the hiring supervisor made
disparaging remarks about her gender.
The Commission
issued a determination of probable cause on February 3, 2000. A pre-hearing
conference was held on August 30, 2000, after efforts at conciliation were
unsuccessful. At the public hearing
on October 18 and 19, 2000, Ms. Ritchie produced evidence that all other
equipment technician positions had been filled on qualifications and seniority
alone. Ms. Ritchie also produced evidence that she passed the required test for
the position and that having worked at GTE Service Corporation since 1974, Ms.
Ritchie had seniority for the position. Ms. Ritchie also produced evidence that
GTE had not hired any female equipment technicians since on or about October
1986. On April 12, 2001, the hearing examiner issued a decision that Ms. Ritchie
did not meet the burden of proof necessary to establish that she was
discriminated against due to her sex. Ms. Ritchie filed an appeal to the hearing
examiner’s decision on April 26, 2001. The Commission reviewed the appeal on
June 18, 2022 and reversed the hearing examiner’s decision.
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