HOUSTON - A former officer in Arcola can't allege sex discrimination after the mayor called her an "overweight lover" to those at a barbecue but can proceed with the rest of her claims.
Houston federal judge Andrew Hanen on July 3 made that ruling in the lawsuit brought by Suzanne Stewart, who argued she was fired by former Mayor Fred Burton after complaining about his behavior.
Among the charges is that Burton made a public announcement on a microphone in 2021 at a city-sponsored barbecue cookoff during which he called her an "overweight lover" and referred to her as Mrs. Stewart instead of Officer Stewart.
"Stewart also appears to allege that Burton made other 'sexually inappropriate comments to and about her,' but does not provide further specifics," Judge Hanen wrote.
"She further alleges that she complained to the mayor about his conduct. Several weeks later, she was terminated."
Burton, a Black man, was mailed a noose and threatening letter earlier this year. He was later voted out after six years in office following controversy about a private Facebook page and the use of taxpayer money for a private investigator to follow a councilmember with the hopes of finding she did not meet the residency requirement.
His treatment of Officer Stewart amounted to sex discrimination, hostile work environment and retaliation, her lawsuit said. The latter two charges will move forward after Hanen decided Arcola's motion to dismiss.
Her sex discrimination claim failed because she could not show she was fired for being female.
"The 'overweight lover' comment here, without more, is not sufficient to tie her termination to her protected status," Hanen wrote.
"The allegation that her termination would not have occurred 'but-for' her gender (or even that her gender was a 'motivating factor' in her termination) is therefore conclusory."
But she did plausibly allege the remark was sexually charged and offensive to a reasonable person, Hanen wrote, so her hostile work environment claim moves forward, as does one for retaliation.
She was fired about a month after the remark was first made and she began complaining, and Stewart says this "temporal proximity" is enough to plead retaliation.
"While temporal proximity standing alone is often not enough to prove causation, the Court finds that the close temporal proximity in this case is enough to satisfy the low... motion to dismiss standard," Hanen wrote.
Arcola's motion to dismiss said she was fired for insubordination and unprofessionalism.