BYRON, Georgia (41NBC.WMGT) – A U.S. District Court is dismissing the sex discrimination lawsuit filed by former Byron Fire Chief Rachel Mosby.

The transgender fire chief says she filed a suit against the City of Byron for firing her in June of 2019 after she started transitioning from a man to a woman. According to the lawsuit, Mosby claims that city officials insisted on addressing her using male pronouns after her transition when she started coming to woman as a woman.

The City of Byron claims Mosby was fired for not doing her job. Her termination letter highlights several performance deficiencies that caused her employment to end. According to the letter, Mosby did not renew business licenses in a timely manner, which caused delays for customers. It also states she did not have good attendance at a professional conference in Savannah where she attended five classes out of the 21 classes offered. The letter goes on to say Mosby did not maintain the fire investigator certification, which is required for a fire chief.

The City of Byron filed a motion to discuss the claim. Mosby’s attorney, Ken Barton, says the court granted the city’s motion to dismiss the case. Barton says he has filed a notice to appeal the dismissal.

Mosby worked with the Byron Fire Department for 12 years.