A former food pantry coordinator who was dismissed from her job has reached a settlement on her lawsuit against the Catholic Diocese of Kansas City-St. Joseph. The lawsuit which originated from the issue of same sex marriage interfering her employment has finally reached a resolution before it was supposed to begin trial on February 29.
Colleen Simon filed a lawsuit in July 2014 against Bishop Robert Finn and the diocese after she was allegedly fired from her job after her same sex marriage was reported in a news report. She claimed that she was dismissed although she previously made her supervisors aware of her sexuality and same-sex marriage upon her entry for the job and was subsequently told that it would not interfere with her employment.
As reported by Washington Times, Simon claimed that her dismissal was caused by an article by the The Star in April 2014 that mentioned her marriage to Rev. Donna Simon of St. Mark Hope and Peace Lutheran Church.
Simon stated that two weeks after the article was released, Jesuit Fr. Rafael Garcia, pastor at Francis Xavier called for her in his office where he informed her of the article and asked for her resignation. According to National Catholic Reporter, Simon also claimed in her lawsuit that the diocese violated the overtime pay laws and proper issuance of an employer's service letter to her.
However, per The Kansas City Star, Judge Kenneth R. Garrett III dismissed her claims about the fraud statements of the priests regarding her sexual orientation and employment status as it "would impermissibly entangle the court in matters and decisions purely canonical."
Instead, the judge considered her argument about the overtime pay laws violation and the issuance of the service letter, which according to him, should be discussed with a jury. Simon sought for unpaid wages, fringe benefits, compensation for emotional distress, punitive damages and attorney fees.
Simon's lawyer, E.E. Keenan, stated that the plaintiff was pleased with the settlement. "Our goal from the beginning here was to be able to present the facts of this case to 12 impartial citizens, and have that jury decide what really happened here and to render justice in this case. And Judge Garrett ruled that we can do that", Keenan added.
Although Simon initially aimed to be reinstated to her previous job in the diocese, her lawyer stated that she has moved forward and has been employed at the non-profit organization, Journey to New Life.
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