490 F. App'x 781
6th Cir.2012Background
- Hicks, an African-American female, worked for SSP America/Compass from 2002 to 2008 and was never previously disciplined.
- She was promoted to Shift Supervisor and then Assistant Manager, reporting to the General Manager.
- In 2008 Barnes, a white male with extensive managerial experience, was hired as General Manager.
- Hicks alleged SSP failed to promote her due to race and sex discrimination and later alleged retaliation.
- Hicks was suspended February 19, 2008 and terminated March 6, 2008 for allegedly violating cash-handling policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to promote discrimination claim | |||
| Hicks claims she was denied due to race/sex. | Barnes had more qualifications; Hicks lacked similar qualifications. | No prima facie case; district court affirmed summary judgment. | |
| Retaliation claim | |||
| Hicks asserts adverse actions followed protected activity; knowledge inferred. | SSP denies knowledge; relied on legitimate policy violation. | Prima facie shown; pretext found; judgment reversed and remanded. |
Key Cases Cited
- White v. Columbus Metropolitan Housing Authority, 429 F.3d 232 (6th Cir. 2005) (establishes prima facie failure-to-promote elements and similar qualifications standard)
- Nguyen v. City of Cleveland, 229 F.3d 559 (6th Cir. 2000) (governing failure-to-promote prima facie framework)
- Mulhall v. Ashcroft, 287 F.3d 543 (6th Cir. 2002) (knowledge of protected activity may be inferred circumstantially)
- Hamilton v. Gen. Elec. Co., 556 F.3d 428 (6th Cir. 2009) (temporal proximity plus increased scrutiny supports causation)
- St. Mary’s Honor Center v. Hicks, 509 U.S. 502 (Supreme Court 1993) (pretext burden; disbelief alone can show discrimination)