Howard UniversityRachael DolezalJudgement

Loses Howard University appeal

14 Jun, 2005

Dolezal loses her appeal against Howard University. The judges confirm the original trial’s decision.

To defeat summary judgment on her discrimination claims, Moore was required to present a prima facie case “that (1) she belongs to a protected class (2) she is qualified for the employment position at issue (3) she was the subject of an adverse employment decision and (4) race was a substantial factor in the adverse action. As we now explain, Moore failed to make the requisite showing of either the third or fourth element in respect to all of her claims.

The court says her Art Professor did not hear that she wanted the position until after he had allotted the teaching assistant jobs. This meant that race was not a factor in the employment decision. She also did not make a case showing she experienced an adverse employment action in being denied the assistantship for one semester. While she did not work the fourth semester, she was actually paid for four semesters. She presented no evidence that any prospective employer chose not to hire her because she taught three rather than four semesters. On the removal of her artworks from a 2001 exhibition, allegedly in favor of those of African-American students, the court ruled that the claim is barred by a one year statute of limitations, and that she offered no proof of a hostile work environment.

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