A former Wrightsville Beach employee’s amended lawsuit states he was subjected to repeated racial slurs, unequal disciplinary actions and a workplace that tolerated race-based harassment toward him and other nonwhite workers.
In the suit, filed in U.S. District Court, Francois L. Baldwin accuses the town of racial discrimination, wrongful termination and violations of the Americans With Disabilities Act. Baldwin was a utility maintenance mechanic for the water and sewer department from May 2011 to December 2012.
The document details comments and racial slurs allegedly directed at him, including the use of a blatant racial epithet and derogatory stereotypes. A fellow employee at the time, Tim Dauphinais, was named as the main source of racial harassment. Dauphinais was terminated in January for allegedly stealing and pawning town equipment.
When Baldwin complained to supervisors, the lawsuit states, he was told to ignore the comments. The lawsuit also accuses former water and sewer department supervisor Douglas Riseden of using negative racial stereotypes in conversation with the plaintiff.
Baldwin’s attorney, Katy Parker, said she amended the original lawsuit, which was filed earlier this year, after being contacted by other employees who described a generally hostile work environment for minorities.
But the lawyer representing Wrightsville Beach defended the town’s actions and said the lawsuit “misrepresents the facts.”
“There were entirely valid reasons for terminating him,” said Norwood Blanchard, a lawyer who specializes in defending local governments in employment grievances. The town is insured by the N.C. League of Municipalities, and it is customary to hire an outside attorney to handle this type of case.
In addition to the town, also named as defendants are Riseden, town manager Tim Owens, public works director Michael Vukelich and current water and sewer supervisor Stephen Dellies, who replaced Riseden. The suit seeks compensatory and punitive damages.
There are some discrepancies in the suit. Although he is named in the lawsuit, Owens’ first day on the job was Jan. 8, 2013, about three weeks after Baldwin was fired. Parker admitted she did not know that and said her client was certain he spoke with Owens near the end of his employment with the town.
The lawsuit also fails to mention misdemeanor criminal charges filed against Francois Baldwin, 28, in January 2012, while the plaintiff was a town employee. The Department Of Public Safety’s offender database lists convictions in March 2012 on charges of larceny after breaking and entering and possession of stolen goods.
Baldwin was sentenced to probation and community service, corrections records state. He also had misdemeanor convictions prior to his employment at Wrightsville Beach. Parker said the charges are unrelated to his work with Wrightsville Beach and irrelevant to the claims of racial harassment and unequal treatment.
By law the federal Equal Employment Opportunity Commission has first review of any discrimination claims. The commission can either pursue the case itself, or issue a notice of right to sue, which it did in November 2014.
Baldwin was rated “good” or “very good” in his job evaluation in November 2011, six months after beginning employment. He contends he was singled out for disciplinary action only after he complained about racial harassment. He was fired in December 2012. His lawsuit states the situation caused him to develop an anxiety disorder, for which he missed significant amounts of work. The ADA complaint relates to that disorder.
Blanchard says the town can prove Baldwin was fired for cause.
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