Employer's subjective reasons for
not promoting plaintiff survive summary judgment.
Brooks v. Ameren UE,
345 F.3d 986 (8th Cir. October 8, 2003) - This is a Title VII and 42 U.S.C.
Section 1981 action alleging failure to promote. Ronald Brooks, an African
American, sought promotions to the positions of construction supervisor in
1999 and 2001. Each time, white employees were selected. The selection
process involved a committee which asked the same series of written
questions and scored each applicant's responses. The committee also
discussed the work performance of the applicants. According to the employer,
Brooks was not promoted based on lower interview scores and based on the
committee's concerns about his "people skills" and leadership ability. The
district court granted summary judgment on behalf of Ameren. The Eighth
Circuit affirms. Even though subjective promotion procedures require close
scrutiny, Brooks failed to show that the proffered reasons for his
non-selection were pretextual. Click
here to see actual case.
October 2003 Monthly Digest