Louisiana Department of Justice Did Not Discriminate Against Black Attorney When it Failed to Award Same Pay Raise Given to Less Experienced White Attorney

The Fifth Circuit Court of Appeals has found that the Louisiana Department of Justice (LDOJ) was able to provide a legitimate, nondiscriminatory reason for awarding a $5,000 pay raise to a White attorney while denying a similar pay raise to a Black attorney. Medley v. Department of Justice of State, No. 10-31107 (5th Cir. May 16, 2011).

Jennifer Medley, a Black woman, had received several favorable performance evaluations and pay increases before complaining that the LDOJ was paying her less than a white colleague. Medley alleged that she was a victim of race discrimination because the LDOJ had given Phyllis Glazer, a White attorney, a merit pay raise of $5,000, which resulted in Glazer earning a higher salary than Medley - even though they both held similar positions and Glazer had been a practicing attorney for fewer years than Medley. The LDOJ explained that it offered the merit pay raise to Glazer in order to convince her to remain with the LDOJ and reject an outside competing job offer.

The Fifth Circuit found that while Medley was able to identify a similarly situated White employee who was paid more than she was, she had failed to demonstrate that the LDOJ’s proffered reason for its conduct, (i.e., Glazer's job offer) was a pretext for race discrimination. Accordingly, the Court of Appeals affirmed the District Court’s dismissal of Medley's claims. This case is a good example of the importance of explaining decisions regarding pay raises because you never know when an employer may be called upon to defend these and other wage-related decisions.