Clear Channel Moves For Summary Judgment In New Orleans Discrimination Case
August 7, 2013 at 4:45 AM (PT)
CLEAR CHANNEL has moved for summary judgment in the suit by three African-American former sales account managers for the company's NEW ORLEANS cluster -- PRIXIE MONTGOMERY, LELA LOGAN and AVE GAINES -- alleging that the plaintiffs have failed to prove that the reallocation of accounts by the company was based on race or otherwise discriminatory. CLEAR CHANNEL claims that the changes were made in FEBRUARY 2009 based on the economic downturn.
The plaintiffs filed EEOC complaints in 2010 claiming that the compensation structure and client account assignments instituted at the 2009 meeting violated Title VII; CLEAR CHANNEL alleges that the three were fired for performance reasons and points to white males fired or who resigned for the same reason, and notes that five other Account Executives who also filed EEOC complaints over the $20,000/month goal were not fired because they met their goals. In MONTGOMERY's case, the company also raises a workplace violence complaint in which she allegedly slapped another salesman and another in which she allegedly "circled her hands around" the salesman's neck "in a choking manner." And in LOGAN's case, the company notes that she was hired over a year after the 2009 changes took effect.
CLEAR CHANNEL has also moved to limit the testimony of the plaintiffs' witness, economist HOLLY SHARP, to exclude a report on alleged lost wages prior to the alleged realignment of accounts; CLEAR CHANNEL says that the testimony thereupon should be barred because the plaintiffs are precluded from advancing a theory of recovery for alleged disparate impact.