Sutherland Represents Woman Diplomat Suing Secretary of State Hillary Clinton for Age Discrimination

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Fri Sep 18, 2009 2:21pm EDT

WASHINGTON--(Business Wire)--
Sutherland Asbill & Brennan LLP, together with the Washington Lawyers` Committee
for Civil Rights and Urban Affairs, filed a complaint today in the U.S. District
Court for the District of Columbia against Secretary of State Hillary Rodham
Clinton, on behalf of Dr. Elizabeth O. Colton, a 64-year-old foreign service
officer whom the Department of State has subjected to discrimination by denying
her the opportunity to serve at certain posts simply because of her age. 

"Imagine if someone told Hillary Clinton she couldn`t be Secretary of State
because she would turn 65 before her term is up," said Sutherland Litigation
Partner Thomas R. Bundy III. "This case is one of first impression where the
Department of State is preventing foreign service officers like Dr. Colton from
taking certain posts years before they reach the 65-year-old mandatory
retirement age for foreign service members under the Foreign Service Act." Mr.
Bundy added, "We believe the State Department should stop this unlawful,
discriminatory employment practice. The mandatory retirement age itself is
unconstitutional, lacking any rational basis, and is based on outdated
stereotypes and misinformation." 

During her career with the Foreign Service, Dr. Colton was offered a two-year
post as the Chief of the Political-Economic Section at the U.S. Embassy in
Algiers. She was the top choice for the position. After Dr. Colton accepted the
offer and consequently had her bids withdrawn for other positions, the State
Department`s Human Resources Department realized she would turn 65 sixteen
months into the 24-month tour. As a result, Human Resources informed Dr. Colton
that she could not take the position and filled the post with another candidate.
In the end, Dr. Colton was forced to accept a less career-enhancing position to
finish out her foreign service career within the current mandatory age limit. 

"We are confident that the court will finally agree that if presidents, judges,
Congress members, civil servants, ambassadors and other political appointees in
the State Department are capable of serving our great country well past 65 years
of age, then so can your average citizen who is a foreign service officer," said
Mr. Bundy. "Dr. Colton`s career is distinguished, and there is no reason a woman
of her experience, energy and enthusiasm should be forced to retire when she
wants to continue to serve." 

Since 2000, Dr. Colton has served in diplomatic assignments as a foreign service
officer overseas in some of the toughest regions of the world, including in such
posts as Islamabad, Baghdad, Khartoum, Algiers, Riyadh and Karachi. Before
joining the Foreign Service, she was the chair of the mass communications
department and professor of politics and media at Shenandoah University; served
as Jesse Jackson`s press secretary during his 1988 presidential campaign; was an
international journalist for Newsweek, ABC News, NBC News, Asiaweek, and Far
Eastern Economic Review; and served as a diplomatic correspondent for National
Public Radio in D.C. She also worked at the United Nations, in the U.S. Senate
as a media adviser to the late Sen. Terry Sanford, and served as a U.S. Peace
Corps Volunteer in Africa. 

Dr. Colton is represented by Sutherland Litigation Partners Thomas R. Bundy III
and Lewis S. Wiener and Litigation Associate Christopher W. Hammond of the
firm`s Washington, D.C., office, in conjunction with Susan Huhta of the
Washington Lawyers` Committee. 

To read the full complaint, visit
http://www.sutherland.com/files/upload/Colton_Complaint.pdf. 

The Washington Lawyers` Committee for Civil Rights and Urban Affairs has
represented both individuals and groups seeking to vindicate their civil rights
for over 40 years. It has handled over 5,000 civil rights cases in employment,
housing, public accommodations, and other aspects of urban life. It represents
individuals living and working in the D.C. metropolitan area with claims of
discrimination based on race, gender, national origin, disability, age,
religion, and sexual orientation. It also assists immigrants seeking asylum and
other immigration relief. The Committee's litigation efforts have become
nationally known for landmark court victories, record judgments, and
precedent-setting consent decrees. For more information, please see
www.washlaw.org. 

ABOUT SUTHERLAND ASBILL & BRENNAN LLP.

Sutherland Asbill & Brennan LLP is a law firm with global reach known for
solving challenging business problems and resolving sophisticated legal issues
for many of the world`s largest companies. Founded in 1924, the firm handles
matters throughout the United States and worldwide. Seven major practice
areas-corporate, energy and environmental, financial services, intellectual
property, litigation, real estate, and tax-provide the framework for an
extensive range of focus areas, allowing Sutherland attorneys to serve a diverse
client base that ranges from small and medium-sized start-up businesses to a
significant number of Fortune 100 companies. 





Sutherland Asbill & Brennan LLP
Megan Miotti, 404-853-8438
megan.miotti@sutherland.com
or
Alycia Williams, 202-383-0144
alycia.williams@sutherland.com



Copyright Business Wire 2009

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