A federal judge has dismissed a gender discrimination and harassment lawsuit that was filed nearly three years ago against the owner of several local radio stations.
Clay Ashworth, owner and operator of Regional Radio Group LLC of Glens Falls, was sued in 2015 by former employee Colleen Bailey, who claimed she was discriminated against because of her gender and subjected to inappropriate comments.
U.S. District Judge Frederek Scullin tossed out the lawsuit after pretrial depositions, finding there was insufficient evidence that her compensation or work were affected, and that her claims of a hostile work environment were belied by the evidence.
Bailey claimed she was forced to resign, but she acknowledged she left the company amid concerns “she wasn’t doing a good job” as the company was preparing for a possible sale, court records show.
“The majority of plaintiff’s allegations fail to establish that she experienced any material change to the terms and conditions of her employment,” Scullin wrote. “Rather, the evidence suggests that her benefits and responsibilities remained the same.”
The lawsuit was filed after the U.S. Equal Employment Opportunity Commission investigated a complaint made by Bailey and issued a “right to sue” letter.
Bailey, of Glens Falls, was sales manager and assistant general manager of the company, working there between 2009 and 2013.
The lawsuit claimed she was “subject to disparate treatment because of her gender or sex” and that men were treated differently and received perks such as work vehicles and reimbursement for gasoline, mileage and cellphone use that Bailey did not.
Bailey was subjected to retaliation when the work treatment was questioned, according to the lawsuit.
The lawsuit alleges that Ashworth complained Bailey’s hair wasn’t “sexy enough” and said he had a “120-pound weight limit” for female employees.
Ashworth wrote in an email to The Post-Star this week that he has been “managing ladies in the broadcast business for 43 years and this is the first time for this kind of action. ... This was totally unwarranted.”
Ashworth was represented by lawyers Joseph Berger and Peter Murray.
Regional Radio Group operates three local radio stations, including 98.5 FM WCKM and 1450 AM WWSC.