Legal proceedings stemming from former City Manager Aretha Ferrell-Benavides’ complaint with the Equal Employment Opportunity Commission against the city will continue, after the Martinsville City Council decided not to participate in mediation in the case.
Council members confirmed that EEOC mediation was discussed at a Nov. 12 closed meeting. They took no action following the closed session, and they declined to provide details about the discussion.
On Friday evening, Councilmember Aaron Rawls said he feels the council made the right decision and he is fine with moving forward in the EEOC process, outside of mediation.
“I support the EEOC process and look forward to receiving their findings,” Rawls said.
Mediation is an alternative to a traditional lawsuit in which both parties have the chance to speak with an EEOC-appointed arbitrator. The arbitrator listens to the details of a particular case from both sides.
Mediation allows parties involved in a dispute to avoid lengthy court battles.
The city fired Ferrell-Benavides in August. In the month prior to her termination, Ferrell-Benavides filed an EEOC complaint against the city.
The complaint alleges discrimination on the basis of gender and race. At the same time as the EEOC filing, there were a number of city-related controversies, including spending concerns and a federal civil rights suit brought by Councilor Aaron Rawls against Ferrell-Benavides stemming from a March incident at a council meeting.
Ferrell-Benavides maintains that she was fired in retaliation for filing the EEOC complaint.
Paul Goldman, an attorney for Ferrell-Benavides, said that his side was open to mediation.
“The mediation option is gone,” Goldman said.
If the city had opted to move forward with mediation, the session would have been held on Monday, according to Goldman.
With mediation off the table, Goldman said his client intends to move forward with a lawsuit.
“Now that there is no mediation we have to choose to sue or not,” Goldman said, adding that while his team has the option to not move the case forward, they do intend to press the matter to its conclusion.
Goldman said that next steps include waiting for a letter from the EEOC to give the go-ahead to either pursue or forego further legal action. Goldman said that letter could come sometime within the next six months.