ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Holding: The appellate court held that the district court erred in dismissing his suit for
timeliness. However, the court found that on all other counts raised by Floyd the district court
was correct in granting summary judgment to the district.
Reasoning: The district argued that over 180 days had passed between Floyd’s EEOC
charge and the supposed adverse employment action. The district’s argument is flawed,
according to the court, because they contend that the date of the “last” adverse action was on
November 15, 2002, when Floyd was notified of his pending termination. However, because that
decision was not affirmed until July 11, 2003, the date of the “last” adverse action occurred
within the 180-day framework as Floyd’s EEOC filing occurred on October 9, 2003.
The district court dismissed Floyd’s associational discrimination claim because he never
actually alleged in his suit that he was fired for associating with White students. He did establish
that racial animus existed in the district. He reported and others testified that school board
president John Davis did direct racially discriminatory remarks about the white students using
the Amite County High School facilities. Racial animus existed, but as the court noted it was not
directed at Floyd. Therefore, Floyd failed to establish that he was racially discriminated against.
Finally, the court found that “good cause” did exist to terminate Floyd. Among the
reasons that were outlined was a tobacco usage policy. Students caught using tobacco products
on campus were fined $75 and suspended from campus until they paid the fine. This was not a
district policy, and none of the collected money had ever been deposited. Moreover, Floyd failed
to keep accurate records of students, which was grounds for termination based on incompetence.
Disposition: The district court ruling was affirmed.
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