Tuesday, February 16th, 2010...9:44 am

DAlaska: Discrimination in Selection

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U. S. District Judge John Sedwick has ruled on pending motions in the Title VII dispute over the selection of the director of a child development center (the Sitka Center) at Elmendorf Air Force Base.   An African-American candidate claimed that the decision-maker chose the prevailing candidate because she’s Caucasian.  On the disparate treatment claim, Sedwick held that the plaintiff made out a prima facie case, and created a factual issue concerning pretext with evidence showing that the decision-maker tried to hide a superior’s attempt to favor the Caucasian candidate.   Sedwick dismissed the disparate impact claim for failure to include it in her EEOC filings.

Lewis v. Donley, Case No. 3:06-cv-00053 (D.Alaska Order of Feb. 11, 2010)

Nicholas Kittleson represents the plaintiff; Susan Lindquist, AUSA, represents the government.  Both practice in Anchorage.

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