Keys v. Humana, Inc., No. 11-5472 (6th Cir. 2012)
Annotate this CaseKeys filed a class-action lawsuit against her former employer, alleging claims of race discrimination under the Civil Rights Act of 1991, 42 U.S.C. 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e. The district court dismissed, finding that Keys failed to plead a prima facie case of race discrimination under the burden-shifting framework of “McDonnell Douglas.” The Sixth Circuit reversed and remanded. The McDonnell Douglas framework does not apply at the pleading stage and the complaint detailed several specific events in each of those employment-action categories where Keys alleges she was treated differently than her Caucasian management counterparts; it identifies the key supervisors and other relevant persons by race and either name or company title; and it alleges that Keys and other African Americans received specific adverse employment actions notwithstanding satisfactory employment performances.
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