United States District Court, Eastern District of Louisiana
SECTION: "E" (4)
ORDER AND REASONS
SUSIE MORGAN UNITED STATES DISTRICT JUDGE
This is a failure-to-promote case. Plaintiff asserts claim for race discrimination, age discrimination, and retaliation. Defendant has moved for summary judgment. The questions presented are (1) whether certain claims are procedurally defective, and (2) whether any remaining claims are adequately supported by the summary judgment record. For the following reasons, the Motion is GRANTED, and this matter is DISMISSED WITH PREJUDICE.
The basic facts are undisputed. Plaintiff Eddie Walker is an African-American female over the age of 40. Defendant St. Tammany Parish School Board manages the public school system in St. Tammany Parish. Plaintiff has served as assistant principal at William Pitcher Junior High School in Covington, Louisiana since 2008.
On June 13, 2012, Defendant posted a job vacancy for the position of principal at Chahta-Ima Elementary School. The posting provided that application packets should be sent to W.L. "Trey" Folse, III ("Folse"), the Superintendent for Defendant. The posting further advised that any questions should be sent to Defendant's Assistant Superintendent, Peter Jabbia ("Jabbia").
Plaintiff applied for the position and was interviewed with other candidates on July 6, 2012 (the "2012 Application"). Folse, Jabbia, Assistant Superintendent William Brady, and Defendant's Supervisor of Human Resources, Dorable Dangerfield, conducted the interviews. The panel selected Gary Malbrough ("Malbrough") for the position by unanimous vote. Malbrough is a 51-year-old white male.
On February 3, 2013, Plaintiff filed a charge of discrimination with the United States Equal Employment Opportunity Commission ("EEOC"). The charge alleged Plaintiff was not selected for the principal position at Chahta-Ima Elementary School due to her age, race, and sex. The charge also alleged retaliation.
Plaintiff again applied for the principal position at Chahta-Ima Elementary School in 2013 (the "2013 Application"). She and other candidates interviewed on June 4, 2013. The panel selected Raphael Tillman ("Tillman") for the position by unanimous vote. Tillman is a 36-year-0ld African-American male.
Plaintiff filed the instant suit on November 16, 2013. She alleges race discrimination, age discrimination, and retaliation based on the 2012 Application and the 2013 Application. Defendant now moves for summary judgment.
Summary judgment is appropriate when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A genuine dispute exists "if the evidence is such that a reasonable jury could return a verdict for the non-moving party." The Court reviews the evidence in the light most favorable to the non-moving party.
LAW AND ANALYSIS
Defendant argues any claims based on the 2013 Application should be dismissed for failure to exhaust administrative remedies. With respect to claims based on the 2012 Application, Defendant argues there is no evidence of discrimination ...