NEW ORLEANS (Legal Newsline) – The former chief compliance officer of the Sun Belt Conference really wants his racial discrimination lawsuit heard in a state court but a federal judge won’t allow it.
On May 10, New Orleans federal judge Nannette Jolivette Brown denied a second motion to remand, six months after denying the first. Patrick Hairston, who asked the conference for a $1 million settlement before suing, originally filed his case in Orleans Parish District Court, but the Sun Belt says the case involves questions of federal law.
The original case sought punitive damages, which are available under Title VIII of the federal Civil Rights Act but not under the Louisiana Employment Discrimination Law.
So Hairston removed that request in an amended complaint and again asked for his case to be sent to state court. This time, his argument was doomed by the fact he lived in West Virginia at the time of filing, creating diversity jurisdiction.
Brown lived in Louisiana when he filed a charge with the Equal Employment Opportunity Commission.
“Plaintiff cites to no authority, and the court has found none, adopting Plaintiff’s novel suggestion that citizenship is determined at the time an EEOC charge is filed,” the decision says.
“Therefore, the court determines that the parties were diverse when the lawsuit was filed and removed.”
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.