Cole

I. Introduction

This is an action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) 1 for race discrimination in employment in connection with the position of facilities manager of a high school district. The appeal is from a summary judgment in favor of the employer and several of plaintiff’s supervisors. Keith L. Cole, plaintiff, a Black male, was employed under a one-year contract by the Antelope Valley Union High School District, defendant, as director of maintenance and operations. Also named as defendants were: Kenneth Brummel, the school district superintendent; E. Michael Rossi, assistant superintendent for personnel services; and Darlene Hinkel, assistant superintendent of business. At the conclusion of plaintiff’s one-year tenure, his contract was not renewed. Instead, his position was eliminated. A new position was created, that of facilities manager. The facilities manager job consolidated plaintiff’s duties with those of the construction manager, whose position was also eliminated. Plaintiff applied but was not hired for the position of facilities manager. The former construction manager, a White male, was chosen for…

I concur in the majority opinion insofar as it affirms the summary judgment as to Dr. Brummel and Mrs. Hinkel on the ground that as to them plaintiff failed to exhaust his administrative remedies. I dissent from that part of the opinion which reverses the summary judgment as to the district and Mr. Rossi on the discrimination claim, for I conclude that as a matter of law, plaintiff has failed to “demonstrate by competent evidence that the presumptively valid reasons for his rejection were in fact a coverup for a racially discriminatory *1517 decision." (McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 805 [ 36 L.Ed.2d 668, 679 , 93 S.Ct. 1817 ].)

*

See footnote, ante, page 1505.

[Opinion certified for partial publication. [*] ]

OPINION

TURNER, P.J.

This is an action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) [1] for race discrimination in employment in connection with the position of facilities manager of a high school district. The appeal is from a summary judgment in favor of the employer and several of plaintiff's supervisors. Keith L. Cole, plaintiff, a Black male, was employed under a one-year contract by the Antelope Valley Union High School District, defendant, as director of maintenance and operations. Also named as defendants were: Kenneth Brummel, the school district superintendent; E. Michael Rossi, assistant superintendent for personnel services; and Darlene Hinkel, assistant superintendent of business. At the conclusion of plaintiff's one-year tenure, his contract was not renewed. Instead, his position was eliminated. A new position was created, that of facilities manager. The facilities manager job consolidated plaintiff's duties with those of the construction manager, whose position was also eliminated. Plaintiff applied but was not hired for the position of facilities manager. The former…