Plaintiff Tajohnae A. Miller sued defendant Pete Buttigieg, Secretary of the United States Department of Transportation, Federal Aviation Administration, in the United States District Court for the Western District of Oklahoma, raising claims of racial discrimination in violation of Title VII. Before the court is Defendant’s motion for summary judgment.
Statement of Undisputed Facts
Plaintiff Tajohnae Miller, an African American female, began working as an Air Traffic Controller Specialist (ATCS) trainee at the FAA Training Academy in Oklahoma City, Oklahoma, in February 2016. Miller and her classmate, Madeline Bostic, a white female, performed well in classroom instruction and written examinations but fell short in simulator-based performance assessments. Both women were dismissed from the ATCS training program on May 10, 2016, for failing to achieve a passing grade.
Bostic filed an Equal Employment Opportunity (EEO) complaint, claiming that harassment based on her sexual orientation had negatively affected her performance, leading to her failing grade. Through an Alternative Dispute Resolution (ADR) process, Bostic was reinstated to the Academy. Miller, believing that technical difficulties had also impacted her performance, sought reinstatement but was denied. Miller then filed an EEO complaint alleging racial discrimination.
Legal Analysis
I. Administrative Exhaustion: The court finds that Miller timely initiated contact with an EEO counselor within 45 days of the alleged discriminatory actions, which were the FAA’s refusal to reinstate her or engage in the ADR process. The court concludes that there is no administrative exhaustion problem.
II. Title VII
A. Prima Facie Case: The court founds that Miller has failed to establish a prima facie case of racial discrimination. Although Miller and Bostic shared many similarities in their situations leading up to their dismissal, they differed in the critical aspect of their reasons for seeking reinstatement. Bostic alleged sexual orientation discrimination, while Miller asserted technical issues during her performance assessments. The court concludes that Miller and Bostic were not similarly situated in this material respect.
B. Pretext: The court also found that Miller has failed to demonstrate that the FAA Academy’s reasons for agreeing to ADR mediation and reinstating Bostic, while denying the same for Miller, were pretextual. The court concludes that even assuming Miller has a prima facie case of discrimination, her claim falls short at the third step of the McDonnell Douglas framework.
The court ultimately granted Defendant’s motion for summary judgment, finding no genuine dispute of material fact and that Defendant is entitled to judgment as a matter of law.
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