Lincoln University race discrimination trial begins Monday

They picked the jury Friday.

Beginning at 9 a.m. Monday, that jury will begin hearing evidence in Annette Digby's case accusing Lincoln University and former President Carolyn Mahoney of race discrimination - forcing Digby to "resign or be fired" because she wasn't African American.

"On or about May 31, 2011," the lawsuit charged, "Mahoney gave to (Digby) an ultimatum to resign or be fired (and) gave no justification or reasoning for giving (Digby) such ultimatum. Defendant Mahoney had no legitimate non-discriminatory reason to discharge or demand (Digby) resign."

LU has denied Digby's accusations.

Her departure from Lincoln was never announced publicly, although emails sent to "the Lincoln University Family" and provided at the time to the News Tribune by an LU student announced an interim replacement for her, effective June 2, 2011.

At the time, Mahoney told the News Tribune that Digby's release was a personnel matter and not related to the school's tight budget situation.

Digby, who is Caucasian, began working at Lincoln in August 2007, she said in the eight-page lawsuit filed in August 2012 by her attorney, Roger G. Brown, of Jefferson City.

In the lawsuit, Brown alleges Mahoney forced Digby out after certain "African American alums and other African Americans expressed to Defendant Mahoney strong concerns and dissatisfactions that a white person was serving in (Digby's) position, and that because she was white, she would not be able to perform in that position to their satisfaction."

Brown said in the lawsuit, "Other White or Caucasian employees of Lincoln University were similarly criticized by the same African American alums (and) individuals (with the) same and similar demands" for termination.

The suit identified Mike Kosher, who was LU's executive director of Enrollment Management, as being given the same "resign or be fired" choice on the same day as Digby.

Kosher is not a plaintiff in Digby's lawsuit.

Neither Kosher nor Digby ever has commented to a reporter about the situation.

Digby's lawsuit was filed after she got a right-to-sue letter from Missouri's Human Rights Commission, and it was amended slightly in May 2013, which is the version that's being used in this week's trial.

Digby said she was hired to be LU's vice president for Academic Affairs and provost after a national search, where a "determination had been made (that she) was the best suited, skilled, educated and otherwise the best qualified person to serve in such position."

Digby said she "performed her duties at a high level of accomplishment and success and received high marks for her performance, including high marks and praise from Mahoney. At no time during her employment was it ever indicated to (Digby) that there was anything about her performance or otherwise that she was anything but an excellent employee and a valued employee of Lincoln University."

She argued she had been "held in high regard by students, faculty, administrators and Mahoney."

Digby submitted a one-sentence resignation letter dated May 31, 2011, effective June 30, 2011.

However, because the resignation was forced, Brown wrote, Digby "has had her reputation tarnished, damaged and irreparably harmed."

Digby's amended lawsuit noted she was paid $122,600 at the time of her forced resignation plus benefits for "at least a value of $175,000 annually and which typically would increase by approximately 10 percent each year thereafter."

The lawsuit asks for a judgment "for all lost earnings to-date of a value of at least $175,000 annually," beginning from May 31, 2011, plus "front pay for five years, calculated at $175,000 for the first year with a 10 percent annual increase thereafter."

Brown also asks the court to award attorney's fees, "an award for emotional damages" and an injunction, "particularly (against) Lincoln University, enjoining it from the same and similar conduct."

The injunction also "would include the Court ordering the dismantling of organizations which in any way demonstrate they have influenced or caused Lincoln University policies or decision making to be made, which is either based on race, gender or other discriminatory basis."

Cole County Circuit Judge Jon Beetem has cleared his calendar for the full week for the trial to present the evidence and have the jury deliberate its verdict.

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