Carney v. American University

151 F.3d 1090 (D.C. Cir. 1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P became Director of Student Services in 1988, the highest-ranking African American at D. A year later, she became Acting Dean of Students, serving in that capacity for two years while the University searched for a permanent Dean. P applied for the permanent position, but D selected someone else. P then returned to her former position as Director of Student Services. Two years later, D commenced 'downsizing,' a process which resulted in the elimination of P's position and her dismissal. P informed D by letter that she intended to sue. D wrote back indicating that P might be entitled to an additional three months' severance pay on top of her existing severance package. D did not give her the extra three months' pay. P filed suit claiming race discrimination. P also claimed that D withheld extra severance pay in retaliation for exercising her civil rights. D asserted that it had legitimate, nondiscriminatory reasons for not hiring her and for subsequently eliminating her position. D also claimed that all evidence of linkage between the extra severance pay and her lawsuit is contained in inadmissible settlement correspondence. P sought to introduce the letter into evidence but the court agreed with D in that P could not point to any evidence that race played any role in D’s decisions. It also held that Rule 408 would apply and the letter would not be admissible for retaliation claims. The court granted D summary judgment and P appealed.