Recent Development by G. Paul Carriere
In 1989, pursuant to a consent decree issued by a federal district court, the Louisiana Department of Transportation and Development (DOTD) appointed Melvin Villery, a black male employee, to a then-vacant position as maintenance supervisor. Shortly thereafter, Allan Marcantel, a white male employee, filed suit alleging that the DOTD had illegally discriminated against him on the basis of his race by appointing Villery to the position. Marcantel contended that he was better qualified for the job and, therefore, that the DOTD should have found another way to settle its dispute with Villery. In response, the DOTD moved for summary judgment, claiming that because they were complying with a good faith settlement of a prior discrimination complaint, their action could not be considered an independent act of discrimination. The district court granted the motion, finding that the plaintiff had not satisfied his burden of producing sufficient evidence that the DOTD had denied him the employment opportunity because of his race. The Fifth Circuit Court of Appeals affirmed, holding that a good faith settlement of a claim of past discrimination constitutes, as a matter of law, a legitimate, nondiscriminatory reason for making employment decisions. Marcantel v. Louisiana Department of Transportation & Development, 37 F.3d 197 (5th Cir. 1994).
About the Author
G. Paul Carriere.
Citation
69 Tul. L. Rev. 1357 (1995)