Plaintiff Evangelina Pearson sued defendant Kansas Department of Corrections in the United States District Court for the District of Kansas raising claims of sex discrimination and retaliation under Title VII and the Kansas Act Against Discrimination (KAAD). Before the court is Defendant’s motion for summary judgment.
Statement of Undisputed Facts
Pearson worked at the Lansing Correctional Facility since 2004, primarily on the transportation team. In August 2021, she left the secure perimeter without informing her supervisor and received a letter of reprimand. In February 2022, she left again without permission to file a grievance about the August incident. Her supervisor threatened an unauthorized absence but did not follow through. In March 2022, she was told not to be on the compound when she had no transportation duties. She then filed complaints alleging harassment by her supervisor. Pearson eventually requested and received a transfer to a different position with less favorable hours.
Legal Analysis
Title VII Discrimination: The court analyzed whether Pearson established a prima facie case of discrimination, which required showing she suffered an adverse employment action and circumstances suggesting discrimination. The court found no adverse action because her transfer was voluntary and working conditions were not objectively intolerable. The court also found no evidence suggesting discrimination motivated any employment decisions.
Title VII Retaliation: The court examined whether Pearson engaged in protected activity and suffered materially adverse action. It found her complaints did not constitute protected activity because they did not clearly oppose discrimination based on sex. The court also found no materially adverse actions resulted from her complaints.
KAAD Claims: The court retained supplemental jurisdiction over the state law claims and applied the same analysis as the Title VII claims thereby dismissing the claims.
The court granted summary judgment to defendant on all claims, finding insufficient evidence of discrimination or retaliation under both federal and state law.
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