Jones v. Bakery Express - Ms. Desserts (Maryland U.S.D.C.)

Signed March 30, 2007--Memorandum and Order by Judge J. Frederick Motz.

In an action for alleged racial discrimination brought under Title VII of the Civil Rights Act of 1964, Defendant filed a motion for summary judgment to which Plaintiff (who was represented by counsel) did not respond. The motion was granted because:

First, the summary judgment record contained no direct or indirect evidence that Defendant had a discriminatory attitude in dealing with the Plaintiff;

Second, Plaintiff did not establish on the summary judgment record that her job performance was satisfactory (the second element of a prima facie case under the McDonnell Douglas protocol); and

Third, Plaintiff did not establish that there were any employees who were not members of the protected class who were retained under apparently similar circumstances (the fourth element of a prima facie case under the McDonnell Douglas protocol).

The opinion is available in PDF.