BIRMINGHAM, Ala. – A federal court last week dismissed racial and age discrimination claims brought by a former teller for First Educators CU, ruling the credit union fired the teller for violating the credit union’s privacy policy by disclosing a member’s financial information, and not for discrimination.
In granting the credit union’s motion for summary judgment, the U.S. District Court for the Northern District of Alabama said there is ample evidence to show that Melody Crawford was fired Dec. 14, 2010, for violating the credit union’s confidentiality policy. First Educators maintained a confidentiality policy and had teller procedures that prohibited the unauthorized disclosure of confidential information contained in member accounts. The credit union also maintained rules of conduct that provided that an employee would be subject to termination for violating the confidentiality policy.
The day before her firing, a member had visited the credit union’s branch and withdrew $4,500 from her draft account, with Crawford executing the withdrawal. Later that same day, the member revisited the branch and complained that someone at the credit union had violated her confidentiality by communicating to her brother the withdrawal and the amount. The credit union determined that Crawford told the brother and fired the teller.
In her suit, Crawford alleged race discrimination and age discrimination under the Age Discrimination in Employment Act.
The court concluded that Crawford, a black woman, failed to establish a case of race discrimination because she was replaced by a black female. Although Crawford could establish a case for age discrimination because her replacement was 22 years old, the court concluded that she failed to provide evidence of pretext for age discrimination.
