Failure-to-Promote Claim Fails Without Evidence of an Open Position

In Jones v. City of Springfield, Illinois, the Seventh Circuit Court of Appeals affirmed summary judgment in favor of the City on Mr. Jones' failure-to-promote claim. Mr. Jones, a Springfield, Illinois police officer, claimed that the City failed to promote him because he is white. On appeal, Mr. Jones argued that he presented sufficient evidence under both the direct and indirect proof models to survive summary judgment.

With respect to his direct proof, the court found that Mr. Jones failed to present evidence that any similarly situated officers received more favorable treatment. The court also found that Mr. Jones failed to present evidence that the City would have acted differently toward him had he not been white.

The court found Mr. Jones' indirect proof case (and the District Court's analysis of the indirect proof case) was also fatally flawed. Specifically, the court noted that ". . . the district court should have considered the availability of an open position under the prima facie case because in a failure-to-promote claim, a prima facie case presupposes the existence of an open position."

For an interesting article on Mr. Jones' exploits with the Springfield Police Department, see Dusty Rhodes, "Out of the Blue, Alan Jones, the new head of the Springfield Police Union, isn't a member of the old guard." Illinois Times, November 2, 2006.