Jackson v. J.C. Penney CA2/8

FACTS

J.C. Penney employed Jackson from March 2007 to August 2012. In 2007 and 2008, Barbara Livingston managed the Lakewood J.C. Penney store where Jackson worked. Jackson testified that in 2008, Livingston told him he was not going to get a supervisor position and said, “You blacks don’t have the capability to lead and you don’t have the aptitude to become a supervisor.” Nevertheless, within a month of Livingston’s comment, J.C. Penney promoted Jackson to supervisor of the men’s department. Livingston was still manager at the time. On February 25, 2010, Jackson received a performance review. Jackson’s manager, Alexandra Garcia, gave him a rating of “below expectations” in a number of categories. Garcia advised Jackson that she was placing him on a performance improvement plan (PIP) that would be in effect through August 2010. Jackson signed the review. After the performance review meeting, Jackson was standing at the nearby desk of the assistant store manager looking at his evaluation on the computer. He heard Garcia and Livingston in the hallway; Livingston asked Garcia if Jackson had signed the review. He thinks Garcia may have answered nonverbally, and he testified he then…