In January of 2013, the United States District Court for the Eastern District of Kentucky heard a case involving race discrimination in Kentucky. (See Smith v. Nor-Com, Inc., 2013 WL 211041 (E.D. Ky. 2013)). The defendant in this Kentucky race discrimination case filed a motion to dismiss and the court for the following reasons granted in part and denied it in part.
Plaintiff began working for the defendant in April of 2010. Id. She was hired to work furniture sales and was terminated on December 21, 2010. Plaintiff was recruited and was told she’d be trained. Her goal was to sell to the Air Force Base. When she began working for the defendant she was the first and only African –American employee.
The work did not turn out what plaintiff had expected. She felt the defendant was lying to clients on more than one occasion and she did not like this. She finally told her boss that she would not like and he apologized to her fro asking her to go against her beliefs. During her working there plaintiff asked that profanity not be used so much and the same for derogatory remarks. She did an internet search on “how to deal with racially-hostile work environment” that was seen by a coworker and then was shortly thereafter terminated. She then hired a Kentucky race discrimination lawyer.
On January 11, 2012, plaintiff filed her race discrimination lawsuit. Plaintiff alleged that she was terminated in violation of the Kentucky Civil Rights Act. To establish a race discrimination case, the plaintiff must demonstrate that “she is a member of a protected class, 2, was qualified for the job, 3, she suffered an adverse employment decision, and 4, was replaced by a person outside the protected class or treated differently than similarly situated non-protected employees.” (cites omitted). As to the above elements, the court held that plaintiff did not show that she was treated differently than similarly situated non-protected employees, but that she did show that she was replaced by a person outside her protected class. Plaintiff was replaced by a Caucasian employee. This is what her Kentucky race discrimination lawyer argued and won. The race discrimination claim was not dismissed.
As for the other claims, the court dismissed the retaliation claim, the intentional infliction of emotional distress, promissory estoppel, and breach of duty of good faith and fair dealing. Her Kentucky race discrimination lawyer could not save those.
If you have been the subject of a Kentucky race discrimination matter, please call and speak to a Kentucky race discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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