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WICHITA, Kan. (AP) — The Kansas secretary of state's office asked a judge to throw out the federal lawsuit filed by a former employee who claims she was fired for not attending Bible study sessions at the office.
Assistant Secretary of State Eric Rucker argued in a filing Thursday that Courtney Canfield cannot prove discrimination and any remaining claims are barred by sovereign immunity.
The court filing contends Canfield was excessively absent, violated cellphone policies and caused friction in the office.
"Canfield was terminated because of this unprofessional conduct, disruptive workplace behavior, poor attendance, excessive personal phone use and unaccounted time away from her desk and not because of any religious animus," according to the filing.
Canfield, who was hired in January 2013 as an accounts clerk, claims in her lawsuit that before Assistant Secretary of State Eric Rucker ousted her in November 2013, he "repeatedly and emphatically indicated a basis for her termination as the fact that, 'She just doesn't go to church.'"
Rucker contends that statement, which he allegedly made to Canfield's grandmother outside the office after hours, can only be characterized as a "stray remark" unrelated the decision to terminate her employment.
Rucker also said it was Canfield's supervisor who made the decision to fire her, and defended his role as "the formal decisionmaker that rubber-stamped the recommendation and executed the decision."
The lawsuit has provided a rare public glimpse into the religious activities occurring at the secretary of state's office.
Canfield claims invitations to the religious services at the office were distributed during normal business hours, and they included a "prayer guide" to be used at that week's meeting.
The state's court filing acknowledged Topeka pastor Dave DePue occasionally stops by the secretary of state's office to circulate written religious material.
But it argued that religious material has no connection to the after-hours devotional conducted in the secretary of state's office. The state acknowledged that DePue and Rucker attended the majority of the Bible study sessions.
The court filing also cited statements Canfield made in a deposition that the circulation of religious materials did not interfere with her ability to do her job and did not make her feel uncomfortable; and that Rucker never discussed church attendance with her.
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