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Ex-city employee files discrimination suit

Claims Youngstown paid younger co-worker more

YOUNGSTOWN — A former city public health nurse is suing Youngstown, saying she was the victim of age discrimination.

Susan Burnham, who stopped working for the city in January 2021 after nearly 24 years on the job, filed the lawsuit in Mahoning County Common Pleas Court claiming a “significantly younger” co-worker doing the same job was unfairly paid more than her.

Burnham is suing over age discrimination and a violation of the Ohio Equal Pay Act.

She wants to be restored to her job and is seeking monetary damages “for lost wages, emotional stress and other consequential damages,” according to the lawsuit by Taurean Shattuck, a Beachwood attorney representing her.

The lawsuit states Burnham filed a charge of discrimination with the Ohio Civil Rights Commission, which gave her on July 21 a letter permitting her to sue the city.

In 2020, Burnham’s annual salary was $45,718, according to payroll records at the city’s finance department.

Theresa Sanchez, the younger employee with the same job title listed in the lawsuit, made $48,821 in salary in 2020, according to payroll records.

In response to the lawsuit, city Law Director Jeff Limbian said: “This is another example of the pernicious trend of some disgruntled former city employees who look to the city for a balloon payment at retirement. It’s irresponsible for the city to give golden parachutes to city employees who have decided to leave the city.”

Burnham’s lawsuit states around January 2020 the city eliminated the sexually transmitted diseases clinic supervisor position that Sanchez held.

“The city of Youngstown paid Sanchez a salary higher than that of Burnham,” the lawsuit reads. “After the city of Youngstown eliminated the STD clinic supervisor position, Sanchez assumed the same duties that Burnham did. Between April 2020 and January 2021, the city of Youngstown paid Sanchez a higher salary than Burnham to perform the same work under the same conditions.”

When Burnham notified city officials of the unequal pay issue, nothing was done, the lawsuit reads. That includes failing to follow a city policy requiring investigations after getting a discrimination complaint, according to the lawsuit.

Burnham’s lawsuit said she “suffered and will continue to suffer damages, including economic and emotional distress.”

Judge John M. Durkin was assigned to oversee the civil lawsuit.

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