The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), Civil Rights Division recently granted Michael Payton, assistant chief of the Cedartown Fire Department, the right to sue the city in an age discrimination case.

A Nov. 17 letter from the U.S. Department of Justice, Civil Rights Division reads in part, “you (Payton) are hereby notified that you have the right to institute a civil action under Title VII of the Civil Rights Act of 1964.”

According to letters from the DOJ and the EEOC, Payton has 90 days to file a civil action against the city.

Though the EEOC and the DOJ both gave Payton right-to-sue letters, the DOJ letter specified, “This letter should not be taken to mean that the Department of Justice has made a judgment as to whether or not your (Payton’s) case is meritorious.”

Payton’s filing for the right to sue was reported in the Oct. 6 issue of the Standard. At that time, a copy of the EEOC claim was not available, but a copy of the complaint has since been obtained by this paper.

In the complaint filed with the EEOC, Payton wrote, “I believe I was discriminated against on the basis of my age in violation of the Age Discrimination in Employment Act and have been retaliated against for exercising my rights thereunder.”

Payton’s complaint stems from the selection of a new fire chief earlier this year. The complaint he filed with the EEOC asserts, “I was the most senior, qualified person for the position… After a closed public meeting, the Board of Commissioners hired a less experienced, less senior, lower ranked person for the position, who was younger than me.”

According to Payton’s complaint, an Open Records Act request for information underlying the commission’s decision was refused. Payton’s complaint also claims that commissioners had discussed that they wanted him to retire.

Additionally, Payton claims that he has been retaliated against. His EEOC claim notes, “Although I had been promised a five percent raise and although everyone else on the force got a five percent raise, the Commission only voted to give me a one and one-half percent raise for the upcoming year.”

A copy of the City of Cedartown’s rebuttal to Payton’s claim has not been made available.

When contacted for comment, Payton’s attorney, David F. Guldenschuh, gave this release. “We have provided the Board of Commissioners with ample time to realistically assess their exposure in this matter. With the issuance of the right-to-sue letters by the Department of Justice and the EEOC, we can now move forward to protect and enforce Assistant Chief Payton’s civil and legal rights.”

City Manager James Stephens said the city had no comment at this time. Attorney Robert Monroe of Smith, Shaw and Maddox is representing the city.