Former Scranton Housing Inspector Appeals Dismissal of Retaliation Lawsuit

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A former Scranton housing inspector has appealed a federal judge’s ruling that dismissed her political retaliation and gender discrimination lawsuit.

Patricia Jennings-Fowler contends U.S. District Judge Malachy Mannion erred when he ruled she failed to present sufficient evidence to support her claims.

Ms. Jennings-Fowler had worked for the city in various capacities since 2009. She is no longer employed as a housing inspector. The city has declined to say whether she was fired or resigned.

The lawsuit, filed in 2014, stemmed from then-Mayor Chris Doherty’s decision to fire her in October 2013. She later won her job back through a union grievance.

The suit, filed by attorney Cynthia Pollick of Pittston, alleged Mr. Doherty retaliated against her because she had supported one of his political opponents. She also claimed she was subjected to a hostile work environment because she is female and that the city violated her due process rights by not providing her an adequate termination hearing.

The city maintained she was fired for cause. Officials cited a video that supported allegations she was not at a location where she claimed to have been, court records show.

In separate rulings issued in February 2015 and January, Judge Mannion dismissed the case, finding Ms. Jennings-Fowler had not presented enough evidence to support any of the claims.

In an appeal to the 3rd Circuit Court of Appeals filed last week, Ms. Pollick contends the judge overlooked significant evidence to support the gender discrimination, retaliation and due process claims. She cites a letter Ms. Jennings-Fowler wrote to city officials, detailing repeated harassment by a male co-worker. The man publicly berated her work but was not similarly critical of the work of fellow male inspectors, she said.

Regarding the retaliation count, Ms. Pollick said evidence showed she was the only employee whom city officials placed under surveillance and that male co-workers had committed disciplinary infractions but were not terminated. There was also evidence to support the due process violation as the city admitted it initially told Ms. Jennings-Fowler it did not have a video of her, the appeal says.

The city will have an opportunity to respond. The court will issue a ruling at a later date.

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