THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, December 9, 1994 TAG: 9412090648
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY LON WAGNER, STAFF WRITER
LENGTH: Medium: 62 lines
A federal judge ruled this week that racial-discrimination claims by a former employee of Southeastern Public Service Authority were unfounded, and he dismissed the case.
U.S. District Judge J. Calvitt Clarke Jr. agreed with SPSA supervisors that Charles T. Wilder Jr. ``was not a satisfactory employee'' and resigned from his job because of health problems, not pressure from his bosses.
``We were delighted with the result,'' said William M. Furr, the attorney representing SPSA. ``Based on the judge's remarks from the bench, in his opinion the plaintiff had a very, very, very weak case.''
SuAnne L. Hardee, Wilder's attorney, said Thursday that she would appeal the case to the 4th U.S. Circuit Court of Appeals in Richmond.
``It will be filed by the end of the day,'' Hardee said. ``They may have won a battle, but we're appealing.''
Wilder's case was filed under federal civil-rights legislation, but he also claimed he was discriminated against under the Americans with Disabilities Act. Wilder has Crohn's disease, a chronic inflammation of the bowels.
His was the second of three discrimination cases filed against SPSA to come before U.S. District Court.
Stephen S. George, a white man who drove a recycling truck for SPSA, was awarded $30,000 in compensatory damages earlier this year after filing a lawsuit in which he claimed he was fired for complaining about racial discrimination against his black co-workers.
A third former SPSA worker, Carl R. Brooks Jr., alleges, in a case pending in federal court, that SPSA supervisors tried to intimidate him after he stood up for Wilder. Brooks is white, Wilder is black.
Wilder worked as a dispatcher at SPSA from May 1990 until May 1993, when he resigned. Wilder claimed in his lawsuit that supervisor Toney Saunders discriminated against him both because he is black and because he has Crohn's disease.
In his ruling, Clarke documented that during Wilder's three-year employment at SPSA, Wilder took nearly 94 days of authorized leave, of which 58 days were either paid sick leave or unpaid absences.
``Given the requirements of the dispatcher position, the excessive number of hours which Plaintiff was required to miss because of his disease, and Wilder's numerous unexcused absences,'' Clarke wrote, ``we find that Wilder was not a satisfactory employee.''
Clarke concluded that Wilder's own testimony, taken during depositions, was ``his greatest obstacle'' in proving he had been discriminated against based on his race.
Asked if Saunders had discriminated against him because he is black, Wilder responded: ``I don't think it had to do with my race. I think it had to do with me just as a person.''
Wilder later submitted an affidavit saying he didn't mention his race or disability during the deposition as the reason for his treatment because he had already mentioned it in the lawsuit.
Clarke said Wilder's attempt to mitigate his statements during the deposition were ``unpersuasive.'' by CNB