ALEXANDRIA, La. – Two former Montgomery employees are taking their allegations of discrimination, retaliation, and wage violations against the town and its mayor to court.
Anita McCracken and Kimberly Moore Dooley filed their lawsuit June 1 against the town of Montgomery and Mayor Delores LeBaron in the U.S. District Court for the Western District of Louisiana.
Montgomery is a small town located in the far northwestern portion of Grant Parish, in North Central Louisiana. The population is about 600, according to a 2020 Census.
McCracken served as town clerk, and Dooley served as utility clerk.
In their lawsuit, McCracken and Dooley claim LeBaron was aware of their age – both describe themselves as “elderly” – and disabilities, but chose to discriminate against them and deny them workplace accommodations. They describe the mayor’s conduct as “intentional and malicious.”
McCracken claims she has a history of anxiety and high blood pressure. Dooley has suffered from “serious” medical issues following a spider bite she received while on the job in March 2022, requiring weekly wound care and specialized treatment.
“Plaintiffs were subjected to a hostile and abusive work environment, which included intimidation, disparate treatment, lack of procedural protections, and threats of retaliatory discipline intended to force their resignations or remove them from their posts,” their 33-page complaint states.
McCracken and Dooley contend certain town officials and staff “acted in concert.”
“The cumulative effect of these actions and omissions – including public targeting, lack of accommodations, and deprivation of procedural rights – rose to the level of constructive discharge for both plaintiffs,” the complaint states.
Constructive discharge, in legal terms, refers to an employee's resignation being treated as if they were fired, even though they technically quit. This happens when an employer creates working conditions so intolerable that a reasonable person would feel compelled to resign.
LeBaron, the plaintiffs allege, began forcing older and/or disabled staff, including themselves, to undertake physical duties “far outside” their job descriptions starting in early 2023.
Dooley, for example, alleges she was told to “get in the hole” to repair water leaks, despite her physical limitations.
McCracken alleges she was “repeatedly placed in high-stress environments.”
The plaintiffs contend things came to a head in a Feb. 27, 2023 meeting in which Councilwoman Wendy Harrison “verbally attacked” McCracken, making various false accusations.
When Dooley attempted to intervene and defend McCracken, LeBaron allegedly “physically grabbed” Dooley’s arm.
The following day, Feb. 28, 2023, Dooley was informed she was suspended without pay. After asking if McCracken also was suspended, LeBaron allegedly said, “Yeah, the same for her,” according to the complaint.
During a March 1, 2023, town council meeting, members voted to terminate both plaintiffs’ employment. McCracken and Dooley claim they never received a notice and were not given an opportunity to be heard.
On top of that, both plaintiffs allege they were locked out of the town hall, denied immediate access to their personal belongings, and had to wait days to receive final paychecks.
And despite policies guaranteeing vacation and sick time, both women allege they were denied accrued compensation.
“Plaintiffs were entitled to PTO, sick leave, comp time, and reimbursement for work-related expenses, none of which were honored,” the complaint states, noting that McCracken was denied $4,080 in accrued benefits and wages, while Dooley was denied $1,632.
Also, both were allegedly forced to work through paid lunch hours, resulting in 361 days of unpaid compensable time. McCracken claims she is owed $12,127.50 and Dooley claims she is owed $9,702.
“Despite repeated written requests, the Town refused to provide documentation or reimburse these losses,” the complaint states.
The plaintiffs also take issue with LeBaron’s son, Austin LeBaron – who was not a town employee, the complaint notes – allegedly having unauthorized access to all confidential computer systems, including a SCADA system that monitors municipal utilities.
“This unauthorized access and interference posed a risk to public safety and was indicative of the broader disregard for legal and professional standards practiced by town leadership,” the complaint states.
The former employees seek an award of back pay, front pay, lost wages, and all other compensation denied them; compensatory damages for emotional pain, suffering, mental anguish; punitive damages for the defendants’ willful and malicious conduct; liquidated damages; pre-judgment and post-judgment interest; and attorneys’ fees. They also seek injunctive and declaratory relief.
The Khan Law Firm LLC, based in New Orleans, is representing the plaintiffs.
