Tuesday, January 11, 2000
Ex-worker sues attorney general
Suit: Consumers were sold out
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A former employee is accusing Republican Attorney General Betty Montgomery of firing her because of zealous consumer advocacy.
Attorney Marc D. Mezibov said Monday that Mary Patrick Latham was dismissed after accusing Ms. Montgomery of “selling out consumers” and doing an “about-face about consumer issues.”
Ms. Latham, 62, of Batavia, was an assistant attorney general in Cincin nati for more than a decade. She was hired by Ms. Montgomery's Democratic predecessor and assigned to the consumer protection section.
She was fired Jan. 2, 1998.
Her suit in U.S. District Court claimed she was a victim of age discrimination and a target of illegal retaliation for a Nov. 7, 1997, internal discrimination complaint.
In it, Ms. Latham said younger, less-experienced lawyers were favored despite continuous “excellent performance evaluations and praise from my supervisors.”
Last week, the lawsuit was amended, saying Ms. Latham's internal criticism of consumer policy was protected by the First Amendment.
Chris Davey, spokesman for the attorney general, rejected Ms. Latham's claims and said Ms. Montgomery was ready to go to trial Sept. 5.
As for the amended suit, Mr. Davey said, “The record of Attorney General Montgomery concerning consumers speaks for itself.” He said she has won millions for consumers and praise from consumer groups.
Employers have wide freedom to discipline complaining workers except when the subject is a “matter of public concern” protected by the U.S. Constitution.
Ms. Latham says her criticism of Montgomery policies was exactly that and her dismissal was illegal retaliation for speaking out as well as com plaining about age discrimination.
She said the focus of the consumer protection section “had begun to shift and protection of business was now a consideration, if not the primary consideration, in cases assigned to assistant attorneys general.”
Ms. Latham wrote to Ms. Montgomery, detailing her case and saying the consumer protection section had become a “no guts” agency.
Ms. Montgomery's co-defendants include the Office of the Attorney General; consumer section chief Helen MacMurray; First Assistant Attorney General William Klatt; and Randal Berning, managing attorney in the Cincinnati regional office.
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