Abbi Overfelt
Staff writer
LUMBERTON — A former employee of the Lumbee Tribe of North Carolina is taking steps to ensure that a lawsuit filed against the tribe earlier this month will be heard in federal court.
Ashley Haywood, a Lumberton resident and former Miss Lumbee, filed a complaint Tuesday with the Equal Employment Opportunity Commission alleging sexism by Lumbee Tribe Enterprises, Jimmy Hunt and Tribal Chairman Paul Brooks, according to her lawyer, Josh Van Kampen, of Charlotte.
“I believe that Lumbee Ent. subjected me to sexual harassment and/or hostile work environment based on my gender, and retaliated against me for engaging in protected activity in violation of Title VII of the Civil Rights Act of 1964,” Haywood said in the complaint.
A spokesman for the tribe declined to comment, saying that the tribe had not yet been served with the complaint.
Van Kampen said the complaint is the “first step” in taking a lawsuit filed in Mecklenburg County on Oct. 9 from the state to the federal level.
“Unlike the state claims, which she was able to file immediately, before she could file a federal charge she first needed to file a complaint with the EEOC,” he said.
According to Van Kampen, a federal lawsuit would place “additional liability” on the tribe by requiring it to pay Haywood’s attorney fees and related costs. But he said the main reason his office is seeking a federal trial is so the case will stay out of Robeson County, where he said there is a potential for jurors to be biased.
“Our position is that we will want to have a jury outside the area, that’s why we haven’t filed in Robeson County and instead filed in a more distant county,” Van Kampen said. “There is likely to be a fight over where trial should occur, but with federal claims, no matter what, it wouldn’t occur in the Robeson County courthouse.”
"I worried that I wouldn't receive a fair trial in Robeson County because it's majority Lumbee Indian and I filed claims against the tribe's leadership," Haywood said. "I just wanted an unbiased county to hear my claim."
According to Van Kampen, the Equal Employment Opportunity Commission will have six months to investigate the claim. The commission may then issue a “right-to-sue” letter, which is required to file a federal complaint — something Van Kampen says both he and Haywood are “eager” to do.
Haywood alleges that incidents of sexual misconduct by Hunt began shortly after she was hired as a housing specialist in October 2009 and continued until January 2010, when Hunt left his position as her supervisor. According to the lawsuit, she continued to work for the tribe until June 19 of this year, when she was fired for insubordination 11 days after filing a complaint against Hunt, who had returned to work for the tribe.
The suit claims infliction of emotional distress and false imprisonment, battery and wrongful termination.
You are nothing but a fox news baby waiting for your next sip of propaganda milk.
PS. Think about this, If there were no Republicans, how would democrats survive?
Pss. Have you heard of Obama's 70% comments?.. Google it.
@ Ross a real Indian is person of ethnicity of the Sub-Continent of India.
" Anyone born in the Western Hemisphere is a Native American "
Ya know " John Wayne " was an actor, just an actor & his real name was Marion Morrison he didn't serve a day in our military while WW2 was going on....but many real stars in Hollywood at the time did.
His co-star in the Sands of IwaJima Ira Hayes played himself a true hero & he's immortalized on the USMC bronze statue...BTW Ira Hayes was pima " Indian "......
Ross lives in a foxfantasy rightarded world
at least one time in your life, do you understand the words that are coming from my keyboard....Ross.
Buy the book Mugged! White guilt. By Ann Coulter.. Yoiu need to read this book.
This is how the Italian dude Columbus came over and whooped the indians in this country. They were fighting one another, like now, and he sat back ate pizza and drank italian wine, then swooped in and took over the country..... Too funny, an Italian fella.
Hati the first free & independent Republic in the Western Hemispere..Crack a book sometimes.
Ps. Here's a hint for ya: Racism doesn't exist there. It's made up of one race of people. So, that being said, we are awaiting your explaination as to what is wrong with Haiti. Hmmm.....
The definition of racism according to the Merriam-Webster Student Dictionary (I used the student version, because I didn't think you would be able to understand the big boy's dictionary) is: "belief that certain races of people are by birth and nature superior to others"
That explains you to a "T".
And by the way... Columbus was not Italian. While he was born in Genoa, which is NOW a part of Italy, it was an independent city-state in 1451, the year he was born.
And I do know why you say you are exempt. I have it figured out. It's terrible to be a part of something that you don't want to be, but can't do anything about it, isn't it?
And by the way, I.... cannot be a racist. I'm exempt. You figure it out. Too funny.
& he was seeking fortune & fame.
He got whipped in Jamaica running to to beaches praying for a ship to arrive..There were many Captains of Europeans vessels were killed & eaten in wake of Columbus voyages...Verrrazono is one notable captain.