30 F. Supp. 3d 9
D.D.C.2014Background
- Keith Battle, African American journeyman electrician, worked for Truland on the Washington Nationals stadium project beginning in Nov 2007.
- In Jan 2008, a noose incident occurred; management promptly terminated all involved individuals and apologized publicly to Battle.
- Battle and others testified before the D.C. City Council; graffiti and racial comments complaints followed; Mahogany Interior employee was fired for a racial remark.
- In Mar 2008 Battle was promoted to subforeman but initial pay did not reflect the higher role; he complained to the EEOC in May 2008 and was retroactively paid the increased rate.
- In Jun 2008 Battle was reassigned from the stadium project to the One Noma project; in Jul 2008 he was terminated to take a job with Nationwide; he later worked for VARCO/MAC and was not rehired by Truland after Nationwide layoff.
- The CBA obligated union referral in order of out-of-work list, which prevented Battle from being rehired by Truland after Nationwide layoff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Battle's claims of disparate treatment under §1981 survive | Battle argues race-based adverse actions occurred (reassignment, termination, non-rehire). | Truland presents legitimate non-discriminatory reasons for each action; pretext lacking. | No genuine issue of material fact; no discrimination established. |
| Whether Battle's retaliation claim under §1981 survives | Actions followed protected activity; temporal proximity supports retaliation. | Legitimate non-discriminatory reasons; no pretext; proximity alone insufficient. | No genuine issue of material fact; no causal link shown; summary judgment for Truland. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1983) (establishes burden-shifting framework for discrimination)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (pretext evidence after prima facie case can show discrimination)
- Aka v. Washington Hosp. Ctr., 156 F.3d 1284 (D.C. Cir. 1998) (pretext framework for discrimination cases)
- Nassar, 133 S. Ct. 2517 (2013) (retaliation causation discussion tied to Title VII context; applicability to §1981 not addressed)
- Jones v. Bernanke, 557 F.3d 670 (D.C. Cir. 2009) (summary judgment standard in discrimination/retaliation cases)