Former top female firefighter who accused NC city of sex discrimination gets settlement
The city of Asheville has agreed to pay a former high-ranking female firefighter $155,000 to settle a sex discrimination lawsuit she filed two years ago accusing the fire department of demoting her to a desk job and treating her with hostility.
A federal judge in Western North Carolina had previously dismissed all but one of her claims for disparate treatment against the city, court documents show.
City attorney Brad Branham confirmed the agreement in a statement to McClatchy News on Tuesday, April 12, which he said will allow the Asheville Fire Department and city to “to once again focus fully on providing services to our community.”
“While the City vehemently denies any wrongdoing or liability, the City Council determined it was in the best interest of the City to avoid unnecessary litigation costs by resolving the remaining claim, thereby minimizing the expenditure of public funds,” Branham said.
The lawsuit was filed in 2020 by Joy Ponder, who was the first woman to become a division chief at the Asheville Fire Department when she was promoted in 2014.
Fire Chief Scott Burnette and the city of Asheville were named as defendants.
Ponder worked for the fire department from 1998 until she left in June 2020, citing a medical condition made worse by her working conditions. Her attorney did not immediately respond to McClatchy News’ request for comment on April 12.
In the lawsuit, Ponder said she oversaw 75 firefighters and operations at all 12 fire stations as a division fire chief.
But her attorney said the fire department routinely discriminated against her after she was promoted — from failing to recognize her work on a scientific study and barring her from wearing her uniform to testify in front of the North Carolina legislature to failing to replace her staff vehicle with a pickup truck that other male officers received.
Then, in 2019, Ponder was reportedly “involuntarily transferred” to an administrative job by the fire chief, whom she accused of frequently yelling at her and forcing her into meetings with another male supervisor in which the two “would berate her and attempt to intimidate her,” the complaint states.
The city and fire chief asked a judge to rule on the merits of the case without a trial in a motion for summary judgment filed in November 2021, court documents show.
On March 7, the judge dismissed all of the claims against the chief but left one against the city for disparate treatment related to Ponder’s involuntary transfer. The city offered a settlement shortly thereafter, and Ponder agreed to voluntarily dismiss the case on April 8.
The chief issued a statement after he was dropped from the case, saying he was “pleased” with the judge’s decision.
“This is the fifth, and now thankfully final, time that her unfair allegations have been reviewed and dismissed,” Burnette said. “All five reviews have been decided in my favor and have never found any evidence to support her untrue accusations. I am happy that this is finally behind us and that we can move on.”
This story was originally published April 12, 2022 at 6:16 PM with the headline "Former top female firefighter who accused NC city of sex discrimination gets settlement."
