Jones v. Kendall
5:24-cv-00694
W.D. Okla.Mar 11, 2025Background
- Denise Jones, an African American female, brought an employment discrimination suit against the Secretary of the U.S. Department of the Air Force in his official capacity.
- Jones alleged she was denied a promotion to Supervisory Production Controller in favor of a dark-skinned black male and a white female, despite having more relevant experience.
- The selection panel consisted of two white females and a white male, with the latter solely responsible for scoring resumes.
- Jones also alleged denial of overtime pay, unsatisfactory appraisal ratings, and retaliation for engaging in protected activity.
- Defendant moved to dismiss the complaint under Rule 12(b)(6) for failure to state a claim.
- The court addressed whether Jones had sufficiently pled her Title VII discrimination, retaliation, and other employment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to Promote (Title VII) | Jones was denied promotion based on sex and race. | Presence of same-race/gender comparators negates discrimination. | Motion to dismiss denied; plausible claim for discrimination. |
| Retaliation for Protected Activity | Sought to allege retaliation but admitted insufficient detail. | Insufficiently pled, no clear factual allegations. | Motion to dismiss granted as to retaliation, w/o prejudice. |
| Overtime Pay & Appraisal Ratings | Claims of unfair denial and negative evaluations. | Allegations conclusory, lack factual support or comparators. | Motion to dismiss granted as to these claims, w/o prejudice. |
| Adequacy of Pleading (Detail Level) | Pleading standard only requires notice, not specifics. | Complaint fails to specify how comparators treated differently. | Close call; complaint suffices to put defendant on notice. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (requirements for stating a claim)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (prima facie case is evidentiary, not a pleading requirement)
- Johnson v. Ry. Express Agency, Inc., 421 U.S. 454 (scope of Title VII discrimination claims)
- Tabor v. Hilti, Inc., 703 F.3d 1206 (elements for failure to promote under Title VII)
- Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (intersectional discrimination recognized in the Tenth Circuit)