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A fomer employee of the City of Albemarle recently filed a lawsuit alleging racial discrimination and wrongful termination from his position.

According to the state website, nccourts.org, Eric Montgomery of the Montgomery Law Firm of Charlotte filed a lawsuit on behalf of former city of Albemarle employee Eric Allsbrook Feb. 18.

Allsbrook started his position with the city’s Public Housing Department in 2008, hired by Gary Lewis to work as a Section 8 inspector. Section 8 is a federal plan which assists low-income residents in affording private housing.

The suit states Allsbrook entered his employment with the City of Albemarle after 16-plus years working in building and remodeling.

Allsbrook alleges he could only inspect public housing and not Section 8 homes, which were inspected by Tony Poplin.

In 2019, under new public housing director Lee Staton, Allsbrook began inspecting public housing, along with gathering materials for contractors and ordering materials from vendors.

Dr. Kim Scott was hired by Albemarle in 2021 as the public housing director, according to the suit. Scott asked Allsbrook and another employee, Eric Carter, what would be required to pass inspection, the suit states. Scott said a Housing and Urban Development (HUD) officer would conduct interviews regarding the houses.

The suit also alleges after a meeting with city and HUD officials that Allsbrook informed the officials “of the ongoing deterioration of the Public Housing apartments, despite the City’s knowledge of the issues. (Allsbrook) detailed how the apartments had remained in disrepair since he started in 2008 and how the City had not taken any meaningful action to address these conditions until Dr. Scott became involved.”

Allsbrook’s suit alleges tools and materials were stolen, the playground had been closed for 12 years, and grant money was missing, along with improper sales of a Ford tractor and materials.

The suit alleges Allsbrook showed receipts to HUD officials for purchased equipment were never used at the public housing site.

In 2022, Lewis, who returned as the acting director of public housing for the city, moved Allsbrook to the acting head of maintenance after the previous employee was fired, the suit says.

Allsbrook, along with a previous employee named Darlene Hughes, received charitable contributions from Culp Lumber and Russell Grading to improve the housing, the suit states. When Allsbrook brought his own tools to the job, according to the suit, he was informed by then-city manager Michael Ferris personal property could not be brought onto a city premises, “despite other employees being permitted to do so.”

On June 10, 2022, the housing passed its first inspection in 12 years, the suit said. After discussions with Scott and Hughes, Allsbrook was recommended by both to the city’s human resources director, Dana Chaney, and Ferris for a promotion to supervisor. Despite numerous attempts to contact city officials, Allsbrook was not promoted, the suit states.

Allsbrook’s suit also alleges a racial slur was used against him by another city employee. According to the suit, a coworker in April 2022 made the following comment to a local contractor: “I don’t want to work for this (racial epitaph).” Allsbrook met with Scott, Hughes and the contractor to confirm the remark was made, and the incident was reported to Albemarle’s HR director. However, no disciplinary action was taken on the city employee who made the remark; instead, the employee was transferred to another department, the suit states.

“This lack of accountability exemplifies the hostile work environment (Allsbrook) endured,” the suit reads.

Allsbrook filed the discrimination charge against the City in January 2023, according to the suit, and he was then discharged June 8. The suit said differential treatment Allsbrook received included false rumors from managers, sabotaging one of Allsbrook’s inspections, denying him access to a computer necessary for the job and humiliating him by putting his desk the middle of the maintenance department.

The suit also states, “City agents also instructed the police department to place a tracking device on Plaintiff’s work vehicle without his knowledge, as evidenced by surveillance footage.”

In video obtained by The Stanly News & Press from Allsbrook, he identified his work vehicle and Scott’s, which appear to have uniformed officers placing devices on them.

Allsbrook is suing under the 14th Amendment of the U.S. Constitution for violation of his right to due process, along with the equal protection clause on the basis of his age.

“No other similarly situated and qualified employee under the age of 40 were treated like Plaintiff nor were any terminated without cause,” the suit reads.

The suit also alleges the placing of the tracking devices on the cars was unlawful.

No amount of damages was stated in the suit filed by attorney Montgomery.

Albemarle public information officer David Fath issued the following statement on Thursday regarding the lawsuit:

“The City denies the allegations made by Mr. Allsbrook and intends to vigorously defend the claims made in his suit. The record will establish that the City had legitimate nondiscriminatory, non-retaliatory reasons for terminating Mr. Allsbrook’s employment nearly two years ago and the City stands by its decision to do so. However, because this is a personnel matter, North Carolina law prohibits the City from commenting further at this time.”