NEW ORLEANS (Legal Newsline) – The Sun Belt Conference’s former chief compliance officer will have to pursue his racial discrimination lawsuit in federal court.
Patrick Hairston filed his case in Orleans Parish District Court in October, but the Sun Belt recently removed it to U.S. District Court for the Eastern District of Louisiana. On Dec. 16, Judge Nannette Jolivette Brown denied Hairston’s motion to remand the case back to Orleans Parish.
She found Hairston’s lawsuit states a claim under Title VII of the Civil Rights Act and asks for punitive damages, which are available under Title VIII but not the Louisiana Employment Discrimination Law.
According to the complaint, Hairston was fired on April 30, 2020, by the Sun Belt and was told his position was "shut down" due to the COVID-19 pandemic and budget cuts. Hairston alleges suspecting that his termination was due to a toxic workplace that included racial discrimination against him due to his race being African American.
Prior to his termination, Hairston held the position of associate commissioner and chief compliance 0fficer. Hairston alleges that prior to his termination, he received exemplary performance reviews from former Commissioner Karl Benson.
After Benson's tenure was done, Keith Gill took the commissioner position and Kathy Keene remained deputy commissioner. Hairston alleges that after Gill and Keene's takeover, Keene began firing minority employees hired by Benson and favored white employees she had recommended for hire.
Hairston alleges that during a Zoom meeting, Keene presented compliance information that was Hairston's area of expertise, and when asked why she was doing his job, Keene alleged that Gill was not happy with Hairston's performance. Hairston alleges that his termination was in retaliation to voicing his concerns as his work became increasingly scrutinized and micromanaged by Keene.
Hairston seeks 90 days of wages at a rate of $263.01 per day, vacation pay, penalties, cost of suit and attorney fees. Hairston is represented by Mark F. Montiel.