The U.S. Equal Employment Opportunity Commission has ruled there is reasonable cause to believe a top Glenwood Springs Post Independent advertising representative was wrongfully fired for discriminatory reasons in September 2005.
The fired ad rep, Mary Proctor, claims she was treated differently because she is a woman, and that her employment at the newspaper began to suffer when the publication’s then-advertising director, Clifford Fewel, tried to force his religion on her and the staff.
According to a 10-page complaint she filed with the EEOC in 2006, her relationship with Fewel, her supervisor, changed when he instructed the sales force to “join hands and say a prayer for a good sales day.” She complained that group prayer is not appropriate in the workplace and, from that point forward, Fewel allegedly began calling her by her first and last name at all times, whereas he called other staff members by their first names only. When she openly used an expletive in the office, the situation worsened. In a matter of days, Fewel allegedly ordered her to seek counseling, changed her compensation structure, repeatedly inquired about her relationship with God, and at one point advised her to use her lunch breaks and other free time to attend his Catholic church near work.
Proctor alleges that the newspaper’s actions amount to a violation of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees.
Attorneys for the Glenwood Springs Post Independent, however, contend that Proctor’s employment was terminated because management felt her performance had deteriorated. While Proctor was one of the newspaper’s top sellers, she neglected the administrative side of her job, according to a response the paper’s California-based law firm — Orrick, Herrington & Sutcliffe LLP — filed with the EEOC two years ago. They contend that Proctor had been issued both verbal and written warnings about mistakes that had occurred with her accounts, her repeated use of profanity at the office, and her alleged violation of company policy in discussing confidential work matters with others.
After weighing both sides, the EEOC determined in March that there is reasonable cause to believe Proctor was fired illegally from the Glenwood Springs Post Independent, which is owned by Swift Communications Inc., the Reno, Nev.-based owner of The Aspen Times. Proctor, who was pulling in between $5,400 per month and $8,000 per month depending upon the time of year, is seeking a settlement of $555,000 for lost wages, legal expenses and medical costs connected to her firing. She is living in California, working two jobs and earning hourly pay. Snowmass Village attorney Cynthia Tester, who represents her, says Proctor’s quality of life has suffered significantly. After she was fired, her husband left her, and Proctor and her children were living off food stamps.
Fewel, who could not be reached for immediate comment, was later fired as the ad director at the Glenwood Springs Post Independent. He eventually went into comedy, founding the troupe Laugh Your Aspen Off. The comedy troupe disbanded last year and, in August, Fewel told the Aspen Daily News he was concentrating on his own act.
Tester has sent the attorneys for the Glenwood Springs Post Independent an invitation to participate in settlement discussions. No resolution has been reached.
hoop@aspendailynews.com
