IFN Staff

Attorneys for three former City of Statesville employees filed a civil rights lawsuit on Monday in the U.S. District Court for Western North Carolina alleging that a supervisor at the Third Creek Wastewater Treatment Plant established a “whites only” bathroom at the facility. When the employees complained, the lawsuit alleges, they were retaliated against and ultimately terminated.

The City of Statesville on Thursday issued a statement in response to the lawsuit filed by attorneys representing Anthony Gilbert, Stephen Moore and Terry Smith Jr. 

“The City of Statesville is aware of the lawsuit filed by former employees of the Third Creek Wastewater Treatment Plant,” the statement said. “The City takes all allegations of discrimination and inappropriate workplace conduct very seriously. While we cannot comment on pending litigation, the City is committed to maintaining a workplace that is respectful, inclusive, and compliant with all applicable laws and policies. We will respond to the allegations through the appropriate legal process. The City remains focused on providing essential services to our residents and maintaining a professional work environment for all employees.”

The lawsuit alleges that Scott Austin, a supervisor at the treatment plant, locked the facility’s primary bathroom to prevent Gilbert, who is Black, from using that bathroom. Austin, who is white, did not want to use the same toilet as a Black person, according to the lawsuit.

When the plaintiffs filed a complaint with managers about being locked out of the bathroom due to their race, they were retaliated against by those managers, according to the lawsuit.

The men claim they were wrongfully terminated for “falsifying documents,” which they say is not true.

The plaintiffs are seeking back pay and reinstatement of their jobs, as well as compensatory and punitive damages.