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Evans v. TWC Administration LLC

United States District Court, E.D. North Carolina, Western Division

November 2, 2017

SHIRLEY EVANS, Plaintiff,
v.
TWC ADMINISTRATION LLC, Defendant.

          ORDER

          LOUISE W. FLANAGAN United States District Judge.

         This matter is before the court on plaintiff's motion for partial summary judgment (DE 27) and defendant's motion for summary judgment (DE 36). The issues raised have been fully briefed and are ripe for adjudication. For the following reasons, the court denies plaintiff's motion and grants defendant's motion.

         STATEMENT OF THE CASE

         Plaintiff commenced this action on December 30, 2015, alleging defendant failed to select her for promotion on the basis of her race, color, gender, and age and asserting claims of race, color, and sex discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981 (“§ 1981”); age discrimination under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); and claims under the North Carolina Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.2 (“NCEEPA”).[1]

         On May 19, 2017, Plaintiff filed the instant motion for partial summary judgment as to her failure to hire/promote claims under Title VII, § 1981, and the ADEA. In support of the motion, plaintiff filed a memorandum of law, statement of material facts, and appendix of exhibits comprising the following: 1) plaintiff's first affidavit; 2) work and performance-related items consisting of plaintiff's performance appraisals, personnel file, performance awards, emails requesting plaintiff's work-related assistance, and training transcript; 3) defendant's organizational chart; 4) items related to the position at issue consisting of defendant's position announcement, plaintiff's resume and job application, Joseph Holliday's (“Holliday”) resume and job application, defendant's candidate file, Jan Clayton-Miller's (“Clayton-Miller”) candidate file of resumes, and Clayton-Miller's ratings of plaintiff and Holliday's applications; 5) defendant's work-progression memo; 6) defendants internal investigation file concerning plaintiff's claims; and 7) excerpts from depositions of Linda Smith (“Smith”), plaintiff, Clayton-Miller, and Holliday.

         Also on May 19, 2017, defendant filed the instant cross-motion for summary judgment, directed against all of plaintiff's claims, including memorandum of law, statement of material facts, and appendix consisting of the following: 1) Carrie Uhl (“Uhl”) affidavit; and 2) excerpts and exhibits from the depositions of plaintiff, Clayton-Miller, and Smith.[2]

         STATEMENT OF UNDISPUTED FACTS

         The undisputed facts may be summarized as follows. Plaintiff is an African-American female over 40 years of age and is currently employed by defendant, a wired telecommunications carrier, and has been employed by defendant since February 29, 1988. Plaintiff was promoted to her current position, now known as lead construction coordinator, in 2009. Before Clayton-Miller hired Holliday, Clayton-Miller was plaintiff's immediate supervisor. Plaintiff was one of 13 construction coordinators reporting to Clayton-Miller. Plaintiff performed her job satisfactorily and received performance ratings of “exceeds expectations” and “successfully meet expectations, ” with no negative reviews.

         In 2014, defendant posted a position announcement for a construction supervisor for Clayton-Miller's team. The announcement included among others the following requirements:

-Computer proficiency and advanced skills in Access, Word, Excel, Visio, MS Project, MS PowerPoint and other required systems.
-Knowledge of project management, project budgeting, and project feasibility and analysis required.
-Strong analytical skills.
-One to three years leadership experience.

(Position Announcement (DE 32-3) ...


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