BYRON, Ga. (AP) — A transgender fire chief in Georgia is asking again for reinstatement and back pay from the City of Byron.
Rachel Mosby's demand argues that the city administrator had no authority to fire her just over a year ago because she was a department head and that only the mayor and council could make such a decision, The Telegraph reported.
"This demand is quite different from the one last year," Mosby's attorney Kenneth E. Barton said in an email to the newspaper. "In June 2019, we demanded that the city should have provided Chief Mosby with the opportunity to appeal her termination.
"Now, based upon our review of all of the city's charter, ordinances, and personnel policies, it has become clear to us that the city failed to properly terminate Chief Mosby. Whether or not Chief Mosby, as a department head, was entitled to an appeal shouldn't matter. She should still be considered an employee of the city and entitled to her old job."
Mosby also has a discrimination lawsuit pending in federal court in Macon.
Mayor Michael Chidester said in an email that the city's lawyers are reviewing Mosby's latest request.
"I have nothing to add at this time," Chidester said.
The city fired Mosby on June 4, 2019, citing failing job performance, but her attorney charged that the action was discriminatory based on her gender identity.
Mosby, who was assigned male at birth, identifies as a female. She alleged in the lawsuit that she was fired because of "her sex, gender identity, and notions of sex stereotyping."
The lawsuit, filed in late April, seeks a jury trial. In late June, city attorneys asked that the lawsuit be dismissed claiming many of Mosby's allegations "mischaracterize key facts or are outright falsehoods."
Barton has until mid-August to file a response.