Eleventh Circuit Concludes HR Director’s Comment Could Support Discrimination Claim
Kidd, a Caucasian female, showed interest in a vacant accounting manager position within her company; however, the position was filled by a Korean male. Kidd claims that she was never considered for the position because her employer’s human resources director allegedly told her that management, comprised entirely of Korean males, refused to consider American candidates for the accounting manager position. Kidd sued her employer for gender discrimination, racial discrimination, and national origin discrimination under Title VII of the Civil Rights Act of 1964, in addition to hostile work environment, unlawful retaliation claims, and state law claims. The district court granted summary judgment in favor of the employer as to Kidd’s discrimination and retaliation claims. The Eleventh Circuit vacated and remanded the district court’s grant of summary judgment regarding Kidd’s employment discrimination claim, but affirmed in all other respects. The Court concluded that the comment made by the human resources director, if believed by a jury, could support a finding of national origin discrimination.
Kidd v. Mando American Corp., No. 12-12090 (11th Cir. Sept. 27, 2013).comments powered by Disqus