Mary Miller, former superintendent of Sitka National Historical Park, filed a lawsuit last week in U.S. District Court, alleging gender and race discrimination in the federal government workplace.
The lawsuit comes in the wake of Miller’s termination by the National Park Service, effective Dec. 31, 2015, in accordance with a Sept. 2 ruling by the U.S. Court of Appeals.
Miller was head of the park from 2008 until 2010 when the National Park Service reassigned her to a new position as Alaska Native Affairs Liaison in Anchorage. Miller refused to accept the new assignment and was fired.
In her lawsuit, Miller says that when she was first offered the newly created position as Alaska Native Affairs Liaison in Anchorage, she was told it was a voluntary assignment. After she declined the new position, she received a memorandum containing a “directed reassignment,” and a notice that if she refused the post procedures would be implemented to terminate her employment. She was fired when she refused to accept the reassignment.
Miller appealed to the federal Merit Systems Protection Board, asserting her termination was motivated by prohibited discrimination under the Civil Rights Act, based upon her gender, race, reprisal, and her physical disability under the Americans with Disabilities Act.
An administrative law judge upheld the firing, but the merit board reversed that decision, and on April 13, 2013, Miller was reinstated as superintendent of Sitka National Historical Park.
The lawsuit says the board’s reversal “was based, in part, on its conclusion that the defendant’s actions were pretextual and a veil to effect plaintiff’s separation from the federal service.”
The Park Service in 2013 asked for the U.S. Court of Appeals to review that decision, and on Sept. 2, 2015, the court ruled in favor of NPS, remanding the case to the merit systems board with instructions to reinstate the administrative law judge’s initial decision on Miller’s termination. On Dec. 31, Miller was notified that her termination was effective immediately.
In her lawsuit Miller alleges that her firing violates Title VII of the Civil Rights Act of 1964.
She is asking for a jury trial and for U.S. Interior Secretary Sally Jewell to attend to answer questions. Miller is seeking general, special and pecuniary damages for back wages with interest, and attorney fees.
Miller is being represented by attorney Denis P. McAllister of Glen Cove, N.Y.
