A federal judge has dismissed a lawsuit from a current Allentown employee who claimed she was discriminated against and subject to a hostile work environment.<\/p>\n
Tawanna Whitehead, who is Black, has worked for Allentown since 2010 and currently serves as deputy city clerk, managing city records, City Council agendas and assisting Council with legislation.<\/p>\n
In a lawsuit filed in December 2024, Whitehead\u2019s attorney Marc Weinstein alleged that she heard city officials utter racial slurs and other racist comments, and was subject to racist profanity directly on one occasion.<\/p>\n
The lawsuit alleged that the city failed to adequately protect Whitehead from discriminatory conduct, causing \u201csignificant psychological harm\u201d requiring \u201congoing treatment with mental health providers and appropriate medication.\u201d<\/p>\n
However, federal Judge Gail Weilheimer sided with the city in an opinion issued Friday, finding that Whitehead\u2019s concerns were adequately addressed through \u201cthrough internal reporting, training and investigation.\u201d<\/p>\n
According to the lawsuit, Whitehead heard City Council member Candida Affa make racist comments on several occasions in 2019 and 2020, including overhearing Affa say that Black people in Allentown are always \u201cbegging for something\u201d and \u201cdo not want to educate themselves or work,\u201d and questioning the phrase \u201cBlack Lives Matter.\u201d<\/p>\n
In September 2023, the lawsuit alleged, Affa directed racist comments toward Whitehead after a City Council meeting earlier in the month. After Whitehead asked Affa about her public comments during a September 2023 meeting, Affa allegedly began cursing at Whitehead and said she \u201cdoes not care what a Black person says,\u201d before she left the room, slamming the door.<\/p>\n
According to the judge\u2019s written opinion, Affa acknowledged cursing at Whitehead during the September 2023 encounter, but denied making racist remarks. Following the confrontation, the city opened an internal investigation which found that Affa had acted inappropriately, and had taken action \u201cto ensure such conduct does not repeat itself.\u201d The city also offered Whitehead the option of working remotely or relocating her workplace away from Affa to avoid future encounters with her.<\/p>\n
The judge also noted that the city was \u201climited\u201d in the action it could take against Affa because she is an elected city official, and thus cannot be fired or disciplined directly by another city employee.\u00a0Therefore, \u201ca reasonable jury\u201d could not conclude that the city failed to address Whitehead\u2019s concerns, Weilheimer wrote.\n<\/p>\n
A city spokesperson could not immediately be reached via phone Monday, but Affa expressed relief the lawsuit had been dismissed.<\/p>\n
\u201cIt was a rough \u2026 almost two years,\u201d Affa said in an interview with The Morning Call. \u201cTo have this hanging over our heads and knowing we were innocent, and I\u2019m happy that it was dismissed, and we can go on with our lives.\u201d<\/p>\n
In an email, Weinstein, Whitehead\u2019s attorney, said that she is still deciding whether she will appeal the judge\u2019s decision. The judge, he added, decided only that the conduct from Affa and others named in the lawsuit \u201cwere not sufficiently severe to be illegal. The citizens of Allentown, however, have the right to decide whether the comments are acceptable. And if they don\u2019t, they can tell City Council at any public meeting.\u201d\t\t\t\t<\/p>\n
Whitehead is one of five current and former employees who have accused Allentown of illegal and discriminatory actions in a federal lawsuit. Tatiana Tooley, former human relations officer; John Ferry, a former human resources coordinator and risk claims analyst; Nadeem Shahzad, former human resources director; and Karen Ocasio, former human resources generalist, also filed lawsuits claiming they faced illegal discrimination or retaliation while employed by the city. Shahzad\u2019s lawsuit also was dismissed; the other three lawsuits are ongoing.<\/p>\n
Reporter Lindsay Weber can be reached at Liweber@mcall.com.<\/p>\n
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