CHARLESTON, W.Va. -- The West Virginia Supreme Court denied a motion to dismiss a lawsuit against a Charleston community center Friday by a 5-0 vote.
Jury selection for the lawsuit against the Bob Burdette Center will begin Monday at 9 a.m. in Kanawha County Circuit Judge Carrie Webster's courtroom.
An order outlining the reasons behind the vote will not be finalized until Monday.
Jessica Hudson, 34, of Charleston, is suing the Bob Burdette Center. She alleges the agency fired her days after offering her the executive director position because board members perceived her to be a lesbian.
Bob Burdette board members deny the accusation, and instead claim they fired Hudson because she misrepresented herself in her resume and during an interview.
She is alleging discrimination based on gender stereotyping.
Hudson's attorney, Rick Brown, claims the Bob Burdette Center fired Hudson because a woman dating another woman does not fit into the board's beliefs of how a female should act.
The Burdette Center's attorney Dave Mincer submitted a petition to the Supreme Court asking that the case be dismissed because sexual orientation is not a protected class under the West Virginia Human Rights Act.
"A prohibition against gender-based stereotyping is just as absent from the West Virginia Human Rights Act as a direct prohibition against discrimination based on sexual orientation," Mincer added in his petition.
The trial may begin Monday if jury selection is completed. However, the trial will begin Wednesday if jury selection is not completed on Monday.