Carmen Swaso v. Onslow County Board of Education
698 F. App'x 745
| 4th Cir. | 2017Background
- Carmen Swaso sued under 42 U.S.C. § 1981 and § 1983 alleging racial discrimination in employment after events in 2011 and later employment decisions.
- District court dismissed her complaint under Fed. R. Civ. P. 12(b)(6) for failure to state a claim; Swaso appealed.
- Key contested events: (1) actions taken by defendants on October 18, 2011 to alert and protect Swaso from a safety threat, and (2) the employer’s refusal to let Swaso return to work under a medical restriction (no prolonged standing).
- Swaso alleged that some white teachers were allowed to return with more severe restrictions or similar standing restrictions; she relied on these comparator allegations to infer discrimination.
- The Fourth Circuit reviewed the dismissal de novo under the Twombly/Iqbal pleading standard and assessed whether Swaso pleaded an adverse employment action and facts giving rise to an inference of racial discrimination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants’ October 18, 2011 actions (alerts/protection) constituted an adverse employment action | Swaso: those omissions/acts harmed her employment and led to absence, loss of position and income | Defendants: those actions did not directly change terms, conditions, or benefits of employment | Court: Not an adverse employment action — no significant change in employment status attributable to those actions |
| Whether refusal to allow return to work with a no-prolonged-standing restriction raises an inference of racial discrimination | Swaso: some white employees returned with similar or more severe restrictions, showing discriminatory treatment | Defendants: treatment was lawful and plaintiff’s comparator allegations are conclusory and lack necessary factual detail | Court: Dismissed — comparator allegations too conclusory; no adequate factual showing of similarly situated comparators or other facts to infer discrimination |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaint must plead factual content allowing plausible inference of liability)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must provide more than labels and conclusions)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for employment discrimination claims)
- White v. BFI Waste Servs., LLC, 375 F.3d 288 (4th Cir. 2004) (prima facie showing: adverse action and similarly situated comparator analysis)
- Hoyle v. Freightliner, LLC, 650 F.3d 321 (4th Cir. 2011) (definition of adverse employment action includes significant changes in employment status)