Sunday, November 4, 2012

Supreme Court Asked To Dismiss Case


{Charleston, West Virginia}...Dave Mincer, the attorney for the Bob Burdette Center in Charleston has asked the state Supreme Court to dismiss a lawsuit filed by 34 year old Jessica A. Hudson of Charleston claiming the organization offered her a job as the executive director and then rescinded the offer after they discovered information leading board members to believe she was a lesbian. Jury selection is scheduled for Monday with the trial slated to start on Wednesday. Kanawha Circuit Judge Carrie Webster denied a motion to dismiss all of the counts in the lawsuit on October 25th but ruled the case could go to trial on the allegation that the center discriminated against Hudson based on gender stereotyping. Webster also ruled that Hudson's claim that the center intentionally caused her emotional distress could go to trial. Hudson's attorney, Rick Brown, argued that the Bob Burdette Center fired Hudson because a woman dating another woman does not fit into their beliefs of how a female should act. Mincer says the claims should be dismissed because sexual orientation is not a protected class under the West Virginia Human Rights Act.