Employment Discrimination

Federal Court in Georgia Dismisses Discrimination Lawsuit in Part Because Plaintiff Failed to State a Claim

July 14, 2014 | Parks, Chesin & Walbert

A federal court in Georgia recently partially dismissed an employment discrimination suit on the grounds that the plaintiff failed to state a claim.

In Williams v. Vilsack, plaintiff Mary Williams filed a complaint “pro se,” which means that she did so without representation by an attorney, claiming that she was discriminated against due to her race and gender, and also faced a hostile work environment.

Williams worked for the United States Department of Agriculture, which she claimed discriminated against her in the form of reprisal for a previous report of discrimination, when Williams’ employer denied her a non-competitive promotion to another position. Williams filed her complaint in 2008, and the matter went before an administrative law judge at the Equal Employment Opportunity Commission (EEOC). In 2010, the judge found that the USDA did not discriminate against Williams on the basis of reprisal, and Williams appealed the Final Order. Yet in February 2013, the EEOC Office of Federal Operations affirmed the Final Order and denied Williams’ request for reconsideration. Williams then filed a civil lawsuit in federal court in December 2013.

Federal Court in Tennessee Allows Racial Discrimination Case to Move Forward

June 4, 2014 | Parks, Chesin & Walbert

A federal court in Tennessee granted in part and denied in part an employer’s motion for summary judgment in a case involving racial discrimination and unpaid wages.

In Davis v. FedEx Corporate Services, Inc., Rosie Davis was an African American who began working for FedEx in 1989. Beginning in 2003, she began working as a Marketing Coordinator, considered to be a nonexempt position, which means that she was entitled to overtime pay for hours exceeding eight in one day, or 40 per week. However, Davis believed that she was performing the duties of an Associate Marketing Specialist, an exempt position with higher pay.

Davis made a complaint in 2010 that she was working “out of class,” and her coworkers testified that she had performed significant managerial tasks, including training numerous colleagues and conducting meetings. FedEx then performed a job reclassification audit, which included an interview with Davis, review of her performance appraisals, and discussion with her supervisor. Davis detailed the extent of her job duties, and the investigator appeared surprised by the scope. Even so, Davis learned later that month that her job would not receive a reclassification because her work was primarily administrative. The conclusions were based on findings that Davis had never run a meeting and her statements were highly exaggerated.

District Court Judge in Tennessee Grants Summary Judgment in Discrimination Case Filed By White Male Employee

May 12, 2014 | Parks, Chesin & Walbert

Few are aware that white male employees are among those protected by Title VII anti-discrimination language. As long as that employee can show that he suffered adverse treatment due to his status, he may be entitled to relief. The plaintiff in Kellett v. Memphis Light, Gas and Watertried to prove this was the case, but was unsuccessful.

Plaintiff Walter Kellett filed a complaint with the Equal Employment Opportunity Commission (EEOC) in March 2011, claiming reverse racial discrimination by his employer, Memphis Light, Gas and Water (MLGW). Kellett argued that since his company’s reorganization, he had been treated differently than minority employees in similar positions. This included not receiving timely compensation or reevaluation, and being retaliated against for filing internal complaints against the company. The EEOC could not reach a conclusive determination on his claims and issued a Right to Sue notice in August 2011. Kellett then filed a lawsuit in November 2011, alleging discrimination and retaliation under Title VII of the Civil Rights Act of 1964. Among other things, he argued that his employer retaliated against him by placing more employees under his supervision, while not doing the same for minority supervisors.

In March 2013, a Magistrate Judge reviewed the case and issued a recommendation in December that MLGW’s motion for summary judgment be granted, effectively ending the case. Kellett objected to the recommendation, and the case came under the district court’s review. The district court then reviewed the Magistrate Judge’s findings and Kellett’s objections. The Magistrate Judge found that (1) any discrimination alleged before May 2010 was time barred; (2) Kellett never offered any direct evidence of adverse employment action, or identify a minority employer who was treated more favorably; and (3) Kellett could not make the basic “prima facie” case for discrimination. Continue reading ›

Federal Court in Georgia Grants Summary Judgment Motion Against Worker With Age Discrimination Claim

May 5, 2014 | Parks, Chesin & Walbert

A federal court in Georgia recently granted a summary judgment motion against an employee with an age discrimination lawsuit.

In Godwin v. WellStar Health System, Inc., Mary Godwin had been working as an order puller for WellStar Health Systems since 1999. By 2003, she had been promoted to the position of Buyer in WellStar’s Purchasing Department. Her duties included processing orders with outside vendors for goods made by WellStar’s different departments. In 2009, WellStar hired a new Vice President of the Supply Chain, Tony Trupiano, whose job included overseeing the Purchasing Department. Soon after, Godwin’s supervisor expressed concerns to Trupiano about Godwin’s performance, noting that she had made some errors with purchase orders. Later that year, the supervisor conducted an evaluation of Godwin and found her to be “below expectations.” Soon after, that supervisor left and a new one was hired, Ken Tifft. Tifft read the former supervisor’s comments on Godwin, but thought they lacked documentation, and thus approved a merit pay increase for Godwin. However, Tifft would later come to share the view that Godwin was performing “below expectations.”

In September 2010, Godwin was placed on a 90-day performance improvement plan, with follow-up consultations after 30 and 60 days. Each time, her supervisor noted improvement, but also continued concerns. Godwin was eventually placed on a second 90-day plan in February 2011. Later that month, Godwin provided her supervisor with a letter from her doctor stating that due to her arthritis, she needed to move around every hour. Her supervisor responded that Godwin needed to remain visible in the Purchasing Department, which was large enough to walk through. However, Godwin, then 63 years old, complained to the Human Resources Department that her supervisor’s comments were ageist and there was no accommodation of her need to walk.

Federal Court in Georgia Dismisses Employee’s Lawsuit for Discrimination, Retaliation

March 12, 2014 | Parks, Chesin & Walbert

A federal judge in Georgia recently dismissed the lawsuit of an employee who claimed that she had been discriminated against due to her gender and retaliated against for taking time off under the Family and Medical Leave Act (FMLA).

In Wright v. Aramark Corporation, Tracey Wright was employed by Aramark Corporation and worked at the Albany State University campus. She had originally applied for the position of office manager, but after she was hired, claimed that her position was changed to “office worker” with less pay, despite the fact that she did the work of an office manager until the date of her termination. During her time of employment, she claimed to have been subject to harassment, discrimination, and inappropriate remarks. For example, one co-worker allegedly placed dog bones on her chair to imply that she was a dog. Furthermore, she claimed that her employer failed to promote her, failed to compensate her fairly, knowingly hired and promoted individuals who tended to discriminate against Wright, denied her religious accommodations, and penalized her for complaining against unlawful discrimination. Her employer also violated her rights under the FMLA, reprimanding her for and interfering with her right to take medical leave.

Wright claimed that in addition to violating the FMLA, her employer was liable under Title VII for discrimination, for wrongful termination, and for a violation of the Equal Pay Act. Aramark Corporation and Albany State University responded to her complaints by filing a motion to dismiss, claiming that Albany State University was not Wright’s employer and, as a government entity, could not be sued. Wright responded that Albany State University could be sued under Title VII and was her employer because the stationary used by Aramark stated that Aramark was a component of the university. She also argued that individual supervisors mentioned in the complaint could be held vicariously liable through Title VII.

Federal Court in Georgia Grants Summary Judgment Motion Against Employee Who Claimed Racial Discrimination and FMLA Retaliation

March 5, 2014 | Parks, Chesin & Walbert

In a setback for one employee, a federal district court in Georgia recently ruled against her on a summary judgment motion. Kejar Butler had claimed racial discrimination and retaliation for taking time off under the Family and Medical Leave Act (FMLA).

In Butler v. SunTrust Bank, Kejar Butler was an African American woman who began working for SunTrust in January 2005. During the fall of 2011, Butler took eight weeks of leave in order to give birth to her child. At the time, Butler was the assistant branch manager of the Thomasville branch of SunTrust, and during her absence, the position of branch manager became vacant. Butler applied for the position, and upon return from maternity leave, was interviewed along with two other internal candidates. Eventually SunTrust hired a different candidate, a white woman.

The area manager who did the hiring had directly supervised and evaluated both Butler and Heather Barnes, the woman who was hired. During the interview process, he interviewed Barnes in person and Butler by telephone. Following her interview, Butler learned that she would not be getting the manager position due to her poor client service scores and inadequate coaching logs. Butler complained to the SunTrust management, then later went on to file a lawsuit on the grounds of Title VII racial discrimination and retaliation against her for exercising her rights under the FMLA. SunTrust responded by filing a motion for summary judgment.