TORTS (discrimination): Murray v. Eastern Kentucky University (COA 12/11/2009)

Murray v. Eastern Kentucky University
2008-CA-000561 12/11/2009 2009 WL 4722760

Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed a summary judgment of the circuit court dismissing appellant’s claims of gender and disability discrimination against a Kentucky university. The Court first declined to analyze the claim under mixed-motive summary judgment analysis when appellant presented her discrimination claims to the trial court as single-motive claims. The Court then held that the trial court properly granted summary judgment because appellant failed to present sufficient evidence to establish she was qualified for the position she sought and failed to present evidence of similarly situated, non-protected employees who were treated more favorably. The Court also held that the circuit court’s requirement that appellant find similarly situated employees among the faculty of a limited pool of approximately 100 faculty members in the university’s College of Health Sciences was not unreasonable.

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