Mccleary-Evans v. Maryland Department Of Transportation

780 F.3d 582 (4th Cir. 2015)

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 worked for Department (D) for over 20 years as a project manager on environmental regulatory compliance projects. P applied for two open positions in the Compliance Division, interviewing first for a position as an assistant division chief and later for a position as an environmental compliance program manager. P was not selected for either position. The positions in question were filled by non-Black candidates. P claims that D predetermined to select for both positions a White male or female candidate. P claimed in conclusory fashion that the decisionmakers were biased when making the decision. And the complaint did not include any allegations regarding the qualifications or suitability of the persons hired to fill the two positions. The district court concluded that P had failed to 'allege facts that plausibly support a claim of discrimination.' The court determined that P needed to allege facts sufficient to 'state a prima facie case of discrimination for failure to hire by showing: (1) that she is a member of the protected class; (2) that the employer had an open position for which she applied or sought to apply; (3) that she was qualified for the position; and (4) that she was rejected under circumstances giving rise to an inference of unlawful discrimination.' The Court noted that P had not 'stated facts sufficient to meet the pleading requirements as to the fourth prong.' The court concluded that 'because discrimination cannot be presumed simply because one candidate is selected over another candidate, P had not pled adequate facts to give rise to a reasonable inference of discrimination.' P appealed.