United States Eighth Circuit

In an employment discrimination action against a school district alleging that the district breached its employment contract with the plaintiff and that it unlawfully used race in its hiring practices, summary judgment for district is affirmed in part and reversed in part where: 1) evidence that an employer followed an affirmative action plan in taking a challenged adverse employment action may constitute direct evidence of unlawful discrimination; 2) plaintiff presented sufficient direct evidence of unlawful race discrimination by showing that there are genuine issues of material fact regarding the district's affirmative action policies and its actions; 3) summary judgment on another failure to promote claim was proper as she failed to exhaust her administrative remedies; and 4) plaintiff's state law claims are reinstated for reconsideration.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

• GRUENDER, Circuit Judge., Before WOLLMAN, MELLOY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Mark Burnette, argued, Little Rock, AR, for appellant/Cross-appellee., George Jay Bequette, argued, Little Rock, AR, for appellee/Cross-appellant.