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Tag Archives: Failure to Promote

Labor & Employment – Civil Rights — Race Discrimination – Retaliation Claim – Termination – FMLA Leave – Failure to Promote (access required)

Whitaker v. Nash County Although plaintiff did file an EEOC charge alleging race discrimination, since (1) her doctor would not certify her as fit at the end of her 12 weeks of FMLA leave, (2) defendants determined that plaintiff’s position was critical, and (3) plaintiff did not take defendants up on their offer to suggest accommodations, plaintiff has not shown that her termination was in retaliation for her EEOC charge.

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Labor & Employment – Public Employees – Civil Rights – Race & Sex Discrimination Claims – Failure to Promote – Deputy Sheriffs – Specialized Skills (access required)

Locklear v. Sealey Even though plaintiff made out a prima facie case of discrimination in her failure-to-promote claims, she failed to rebut defendants’ legitimate, nondiscriminatory reason for promoting male deputies: they possessed specialized skills needed for the job openings, and plaintiff lacked those skills.

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Labor & Employment – Age Discrimination Claim – Failure to Promote – Legitimate Reason – Qualification (access required)

Keffer v. Kroger Ltd. Partnership I One of the defendant-employer’s managers had interviewed plaintiff three times in recent months and decided not to interview him for the latest promotion he sought, concluding that plaintiff was not qualified for the promotion. This was a legitimate, non-discriminatory reason for failing to interview or promote plaintiff; moreover, the person plaintiff accused of discriminating against him was not involved in the decision. Defendant’s motion for summary judgment is granted.

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Labor & Employment – Civil Rights – Race Discrimination Claim – Failure to Promote – Retaliation (access required)

Holmes v. J.C. Penney Corp. Even though defendant twice chose candidates of another race rather than promoting plaintiff, plaintiff does not allege the successful candidates’ qualifications and how his own qualifications compare, nor does he allege that his performance was criticized in ethnically degrading terms or that defendant made any invidious comments about plaintiff or others within his protected group. The complaint does not give rise to a plausible inference of unlawful racial discrimination.

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