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Walker v. Columbus Consolidated Government

United States District Court, M.D. Georgia, Columbus Division

October 10, 2019

KATRICE WALKER, Plaintiff,
v.
COLUMBUS CONSOLIDATED GOVERNMENT, Defendant.

          ORDER

          CLAY D. LAND CHIEF U.S. DISTRICT COURT JUDGE.

         Katrice Walker is employed by Columbus Consolidated Government (“CCG”) in its Department of Public Services (“Public Works”). She asserts that CCG denied her a promotion because of her race, in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e to 2000e-17. CCG filed a summary judgment motion, asserting that Walker was not qualified for the promotion and that the white man it promoted instead of Walker was more qualified. As discussed below, genuine fact disputes exist on Walker's Title VII race discrimination claim, so CCG's motion (ECF No. 7) is denied as to that claim. The motion, however, is granted as to Walker's § 1981 claim. Walker also asserted a Title VII claim for discrimination based on her color, and CCG moved for summary judgment on that claim arguing that Walker had not exhausted her administrative remedies. Walker did not respond to CCG's summary judgment motion on this claim, so the Court deems it abandoned. Resolution Tr. Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir. 1995) (“[G]rounds alleged in the complaint but not relied upon in summary judgment are deemed abandoned.”).

         SUMMARY JUDGMENT STANDARD

         Summary judgment may be granted only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). In determining whether a genuine dispute of material fact exists to defeat a motion for summary judgment, the evidence is viewed in the light most favorable to the party opposing summary judgment, drawing all justifiable inferences in the opposing party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A fact is material if it is relevant or necessary to the outcome of the suit. Id. at 248. A factual dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. Id.

         FACTUAL BACKGROUND

         Walker is a black woman who works as a correctional officer in CCG's Public Works department. Walker has a bachelor's degree in criminal justice and a master's degree in public administration. Walker is a certified correctional officer with a firearm certification. She is also certified as a CCG customer service specialist and holds a CCG HR Supervisory II certification.

         Walker began working for CCG in 2005. She has served as a correctional supervisor in the rainwater division; a chemical application technician; a public relations coordinator; a correctional officer at the recycling center; and a risk management investigator. In her correctional officer/supervisor roles, Walker supervised inmates on work details but did not supervise CCG employees. Walker is currently a correctional supervisor in the rainwater division.

         In 2017, the position of community service coordinator came open. The community service coordinator supervises the Public Works community service division, which oversees parolees as they complete their community service obligations. Three fulltime and twelve part-time CCG employees report to the community service coordinator. The written job description includes the following requirements:

1. “Knowledge of record keeping, report preparation, filing methods, and record management techniques.”
2. “Knowledge of supervisory practices, procedures, and policies, including training and work inspections.”
3. “Knowledge of standard business arithmetic.”
4. “Knowledge of basic budgetary principles and practices.”
5. “Skill in the administration of staff and activities, both directly and through subordinate supervision.”
6. “Bachelor's Degree in Business Administration, Public Administration, or related ...

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