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Raymond v. Architect of the Capitol

Raymond v. Architect of the Capitol

United States District Court for the District of Columbia

June 23, 2014, Decided

Civil Action No. 11-CV-01088 (KBJ)

Opinion

 [*102]  MEMORANDUM OPINION

Plaintiff Kenny Raymond ("Plaintiff" or "Raymond"), a 56-year-old African-American  [*103]  man who is originally from Jamaica, has worked as an employee of Defendant Architect of the Capitol ("Defendant" or "AOC") since 1975. Raymond alleges that he was not selected for a higher-grade position within the agency due to discrimination based on his national origin and age, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17 (Count I), and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (Count II), as made applicable to Raymond through the Congressional Accountability Act ("CAA"), 2 U.S.C. §§ 1401-1416. (See Compl., ECF No. 1.) The gravamen of Raymond's complaint is that a certain supervisor who had long discriminated against him was on the panel that made the hiring decision at issue.

Pending before the Court is Defendant's  [**2] motion for summary judgment. (Def.'s Mot. for Summ. J. ("Def.'s Mot."), ECF No. 18, at 1.)1 In that motion, Defendant maintains that all of the individuals who were involved in the decision-making process independently concluded that Raymond was less qualified than the selected applicant based on his on-the-job experience and interview performance, and that this explanation constitutes a legitimate, non-discriminatory reason for the hiring determination. Because Raymond has failed to produce sufficient evidence to show that Defendant's asserted reason for the non-selection was pretext for discrimination, Defendant's motion for summary judgment will be GRANTED. A separate order consistent with this opinion will follow.

I. BACKGROUND

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49 F. Supp. 3d 99 *; 2014 U.S. Dist. LEXIS 84797 **; 98 Empl. Prac. Dec. (CCH) P45,102; 2014 WL 2810642

KENNY U. RAYMOND, Plaintiff, v. THE ARCHITECT OF THE CAPITOL, Defendant.

CORE TERMS

panelists, interview, qualifications, hiring, summary judgment, non-selection, pretext, ratings, discriminatory, scores, national origin, genuine, ranked, sheets, discriminatory animus, candidate, comments, material fact, non-discriminatory, training, selection process, discriminated, allegations, non-moving, employees, promotion, selecting, awards, reasonable jury, questions

Civil Procedure, Summary Judgment, Supporting Materials, Affidavits, Entitlement as Matter of Law, General Overview, Burdens of Proof, Movant Persuasion & Proof, Judgments, Evidentiary Considerations, Nonmovant Persuasion & Proof, Labor & Employment Law, Discrimination, Governments, Federal Government, US Congress, Federal Employees, Evidence, Burden Shifting, Age Discrimination, Burdens of Proof, National Origin Discrimination, Proof, Direct Evidence, Circumstantial Evidence