Snorton v. Ashcroft
Snorton v. Ashcroft
Opinion of the Court
Order
Rita Snorton contends that she is a victim of race, color, national origin, age, and sex discrimination at the hands of the Immigration and Naturalization Service.
Although Snorton’s administrative charge concerned the non-promotion decision in 1992, she has attempted in court to contest the demotion in 1989. The district court rightly concluded that the failure to file a timely (indeed, any) administrative charge bars this challenge, raised for the first time more than a decade after the events of 1989. Like the district court, therefore, we treat the events of 1989 as non-discriminatory. And on that assumption Snorton has no viable complaint about the non-promotion in 1992, for the INS has an anti-recycling policy. That is to say, the INS treats failure in the Basic Training Course as conclusive and denies its field offices the option of re-promoting its personnel to give them another chance to take and pass the. course. Snorton cannot establish that this policy is a pretext for discrimination; it applies across the board, to employees of all races, ages, and other characteristics. The anti-recycling policy makes it irrelevant whether Snorton established a prima facie case of discrimination and whether she was otherwise as well suited for the position as the persons hired or promoted in 1992: none of them had taken and flunked the Basic Training Course.
In this court Snorton tries to establish discrimination in a different way, observing that in 1993 a task force issued a report concluding that the proportion of management and officer positions held by women and members of minority groups is below that in lower-level jobs. These data might be part of a disparate-impact claim, but that is not an avenue Snorton pursues; nor does she contend that minorities (or older employees) fail the Basic Training Course at a disproportionately high rate. This suit was filed and prosecuted as a disparate-treatment claim, and as the district judge correctly held that claim is defeated by the INS’s nondiseriminatory anti-recycling policy.
AFFIRMED
Reference
- Full Case Name
- Rita SNORTON v. John ASHCROFT, Attorney General of the United States
- Status
- Published