Luster v. Vilsack
2011 U.S. App. LEXIS 23934
| 10th Cir. | 2011Background
- Luster, a Forest Service Visitor Information Specialist, sues Secretary of Agriculture for sex discrimination, retaliation, and Privacy Act violations.
- District court granted summary judgment for the Secretary; Luster appeals.
- Court reviews de novo under Rule 56 and affirms.
- Forest Service attributed non-selection to excluding GS-7 applicants and selecting the most qualified from GS-8/GS-9; Wingate chosen.
- District court found two legitimate, non-discriminatory reasons; Luster failed to prove pretext.
- Luster alleged disparate 2006 summer work conditions, retaliation for an EEO complaint, and disclosure of EEO information under the Privacy Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Non-selection pretext evidence | Luster argues pretext exists for GS-8/GS-9 referrals. | Forest Service asserts two legitimate reasons; pretext not shown. | No pretext; judgment affirmed. |
| Disparate treatment (2006 summer work) | Actions showed gender discrimination. | Justified staffing decisions; no discrimination inferred. | No inference of discrimination; judgment affirmed. |
| Retaliation for EEO complaint | Assignments were retaliatory for EEO filing. | No causal link shown; February decision preceded complaint disclosure. | No causal connection established; judgment affirmed. |
| Privacy Act disclosure | Fax transmission constituted unlawful disclosure. | No actual disclosure; not willful or intentional. | No Privacy Act violation; judgment affirmed. |
Key Cases Cited
- Swackhammer v. Sprint/United Mgmt. Co., 493 F.3d 1160 (10th Cir. 2007) (pretext standard for denial of discrimination claims)
- Bryant v. Farmers Insurance Exchange, 432 F.3d 1114 (10th Cir. 2005) (employer's multiple reasons; substantial doubt tolerable)
- E.E.O.C. v. C.R. England, Inc., 644 F.3d 1028 (10th Cir. 2011) (evaluate pretext based on decision-maker’s view of reasons)
- Jaramillo v. Colo. Judicial Dept., 427 F.3d 1303 (10th Cir. 2005) (burden to show each reason unworthy of credence)
- Turner v. Public Serv. Co. of Colo., 563 F.3d 1136 (10th Cir. 2009) (non-contextual statistics rarely prove discrimination)
- PVNF, L.L.C. v. Green, 487 F.3d 790 (10th Cir. 2007) (tension in prima facie discrimination standard)