STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KIMBERLY DEPRIEST NO. 2021 CW 0258 VERSUS

STATE OF LOUISIANA, THROUGH THE LOUISIANA WORKFORCE COMMISSION, SHERAL KELLAR MAY 20, 2021 AND COREY GAINES

In Re: Sheral Kellar and Corey Gaines, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 675424.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The portion of the district court' s November 16, 2020 judgment, which denied defendants/ relators, Sheral Kellar and Corey Gaines', Partial Exception of No Cause of Action as to plaintiff/ respondent, Kimberly DePriest' s, cause of action for prospective injunctive relief to prohibit loss of promotional opportunities, is reversed. " The ADEA ` provides no basis for individual liability for supervisory employees.'" Medina v. Ramsey Steel Co., Inc., 238 F. 3d 674, 686 ( 5th Cir. 2001), citing, Stults v. Conoco, Inc., 76 F. 3d 651, 655 ( 5th Cir. 1996). Furthermore, DePriest does not meet the criteria of a " contractor, subcontractor, grantee, or subgrantee" under 41 U. S. C. 4712( a)( 1), under which DePriest may be protected from retaliatory discrimination under the National Defense Authorization Act. Accordingly, the portion of the district court' s judgment which denied Sheral Kellar and Corey Gaines` Partial Exception of No Cause action concerning DePriest' s claim for prospective injunctive relief is granted, and DePriest' s claims against them are dismissed.

MRT EW CHH

COURT OF APPEAL, FIRST CIRCUIT

1Ar t r,

DEPUTY CL RK OF COURT FOR THE COURT