Women's Rights Employment Law Blog

A black employee has been racially discriminated against at a historically black school, according to a new federal lawsuit.

A federal lawsuit against Delaware State University alleges that a white state legislator promoted a white employee over a qualified black employee. DSU , which ironically is a historically black school (HBUC) has denied the charges and forwarded that the reassignment was not a promotion, but a merit-based selection.

In this case, the white employee was recommended for promotion despite having been disciplined on several occasions. The legislator Richard C Cathcart is running for re-election in the state House representing 9th District. Rory Lewis, who has filed this lawsuit, had been favored by the Equal Employment Opportunity Commission in November when this complaint was first initiated.

The school didn't advertise a facilities shop leader position when it opened in 2004 and then overlooked Lewis, who had the necessary qualifications, because he is black, the lawsuit claims.

During the reassignment, on one hand there was Rory Lewis, who was nominated for “Facilities Employee of the Year” award and had no disciplinary record; and on the other, was his co-worker Charles Dougherty who in the same position as Lewis, had received written reprimands for missed time at work and insubordination. He was also suspended for misuse of a company vehicle. And yet, after his suspension ended, Dougherty was promoted and given a 7 percent raise, the suit claims. Dougherty, who no longer works at DSU, admitted that work environment at DSU was racially charged.