Cartwright v. State
837 N.W.2d 521
Neb.2013Background
- Cartwright, African-American, employed by the Nebraska DHHS from 1990 to 2009; resided in Omaha (68111).
- Nebraska self-insures state employee health care; contracts awarded biennially; 2007–2008 bids open for 2007 and 2008 benefit years.
- ZIP-code based coverage used for 680, 681, 685 areas; Mutual of Omaha administered HMO/POS in those areas; Blue Cross Blue Shield administered plans in other codes.
- Exclusions blocked BlueSelect HMO and BlueChoice POS for 680/681/685 residents; plaintiffs offered four plans across codes with parity of benefits, except for cost differences.
- Cartwright sued for race discrimination under 42 U.S.C. §§ 1981, 1983, and Title VII (disparate impact); district court granted summary judgment for the State and individuals.
- On appeal, the court affirmed, holding the plans were equivalent and cartwright failed to show adverse impact to support a Title VII disparate-impact claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title VII disparate-impact claim survives summary judgment | Cartwright alleges genuine issues of material fact; plans in excluded ZIP codes were inferior and harmed her | State shows plan equivalence; no evidence of adverse impact; proper summary judgment | Disparate-impact claim fails; plans equivalent; affirmed |
Key Cases Cited
- Allen v. AT&T Technologies, 228 Neb. 503 (Neb. 1988) (proper burden-shifting on disparate-impact theory)
- Ricci v. DeStefano, 557 U.S. 557 (U.S. 2009) (disparate-impact proof requires identifiable impact; not mere inference)
- Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (U.S. 1989) (standard for proving disparate-impact claims)
- Allen v. AT&T Technologies, 228 Neb. 503 (Neb. 1988) (repeated citation supporting burden-shifting framework)
- Jeremiah J. v. Dakota D., 285 Neb. 211 (Neb. 2013) (context on summary-judgment standards and evidentiary sufficiency)
- Darrah v. Bryan Memorial Hosp., 253 Neb. 710 (Neb. 1998) (summary-judgment standards and speculative evidence)
- Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777 (Neb. 2012) (evidence sufficiency in summary judgment)