Petett v. Select Comfort Corp.
3:15-cv-01776
D. Or.Oct 19, 2016Background
- Plaintiff Andre Petett sues Select Comfort for race discrimination alleged from a promotion denial.
- Opening for a Washington Square Mall store manager occurred April 22, 2013; Petett was store manager at Vancouver Mall prior.
- Advertisement was posted publicly and via a Flash Alert intranet notice April 26–May 5, 2013; internal policy required applying to promotions via Talent Acquisition Team.
- Petett did not apply for the Washington Square position; an external candidate was eventually hired after interview in May 2013.
- Petett claims Reierson failed to inform him of the opening, suggesting discriminatory intent, though no evidence supports this claim.
- Court grants summary judgment for defendant, finding Petett did not establish a prima facie case of failure to promote due to race.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie case of race-based failure to promote | Petett alleges denial due to race. | Petett never applied; no prima facie showing. | No prima facie established; summary judgment for defendant. |
| Knowledge and opportunity to apply for the opening | Reierson failed to inform Petett about the opening. | Petett knew of the opening via Flash Alert and could have applied. | Petett had opportunity; lack of application defeats prima facie case. |
| Evidence of discriminatory intent (discipline or motive) | Mentions potential bias by Reierson. | No evidence showing discriminatory motive; focus on application requirement. | Insufficient evidence of discriminatory intent; not enough to alter outcome. |
| Appropriateness of summary judgment | Discrimination claim should survive summary judgment. | Record supports no prima facie case and legitimate nondiscriminatory reason. | Summary judgment appropriate; claims dismissed with prejudice. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. Supreme Court 1986) (establishes burden-shifting framework for SJ movants)
- McGinest v. GTE Serv. Corp., 360 F.3d 1103 (9th Cir. 2004) (prima facie elements for race discrimination claims)
- Davis v. Team Elec. Co., 520 F.3d 1080 (9th Cir. 2008) (applies McDonnell Douglas framework to discrimination claims)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. Supreme Court 1973) (establishes prima facie case and ultimate burden-shifting framework)