A federal judge in Washington state has rebuffed a race and national origin discrimination suit by an economics instructor who was denied tenure at Spokane Falls Community College.
Edner Bataille failed to meet the deadlines for filing complaints with the Washington State Human Rights Commission and the Equal Employment Opportunity Commission before suing the college, the judge ruled in dismissing the case without trial.
Bataille held a tenure-track position from September 2008 through August 2010, according to the decision.
His first three quarterly reviews were satisfactory, but he then received a “steps for improvement required” rating in several areas of performance. In a performance improvement plan, the tenure committee advised that it would recommend against tenure unless the deficiencies were corrected.
After his next two quarterly reviews also identified areas for improvement, the committee recommended against tenure. Efforts to negotiate terms for his resignation were unsuccessful, and the college advised him of his right to address the board of trustees. The board denied tenure, and he was terminated.
He filed an EEOC complaint alleging discrimination because he is African American and of Haitian origin and later sued the college for reinstatement and $205,000 in damages. The suit asserted that “his performance has been exemplary and warranted tenure.”
U.S. District Judge Thomas Rice dismissed the suit because Bataille failed to first exhaust his administrative remedies as Title VII requires.
