December 2, 2016

Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination

by Alan Brooks

Pile of documentsIn Jeffries v. Lynch, Case No. 15-01007 (District of Columbia, Nov. 15, 2016), Plaintiff, a black male employed by the Department of Justice, sued Defendant, the U.S. Attorney General, in her official capacity, alleging race discrimination, sex discrimination, and retaliation pursuant to Title VII of the Civil Rights Act. Plaintiff’s allegations are based upon being denied seven different positions he applied for within a three-year period, plus denial of certain awards. Plaintiff alleged that white middle-aged mothers prevailed in the agency, while black males were treated differently. Defendant argued that Plaintiff was “a prolific complainer” who applies for positions for which he is not qualified and then files with the EEOC when denied the job.

Defendant moved for Judgment on the Pleadings, or in the alternative, for Summary Judgment. In response, Plaintiff filed a Motion under FRCP 56(d) to forestall summary judgment due to lack of discovery.

The court found that Defendant produced over 17,000 documents in response to Plaintiff’s requests during the EEOC investigation. Based upon emails produced along with other documents produced by Defendant, the court found in favor of Defendant on all issues. The court found that Defendant had legitimate reasons for denying Defendant the seven positions he applied for and that Plaintiff had provided no evidence that they were pretext. The court also could not find a discriminatory reason behind Defendant’s lack of awards, nor did the court find that Defendant retaliated against Plaintiff. The court granted summary judgment for Defendant and denied Plaintiff’s Rule 56(d) motion.

ILS – Plaintiff Electronic Discovery Experts