McMillian v. Aberdeen School District

On January 24, 2024, the Mississippi jury awarded $23,470 to a maintenance worker of Aberdeen School District for wrongful termination and retaliation by his supervisor.

Case Background

Barry L. McMillian filed an employment retaliation and wrongful termination lawsuit against Aberdeen School District before the United States District Court for the Northern District of Mississippi, Aberdeen Division. Judge Sharion Aycock presided over this case. [Case number: 1:22-cv-00117]

Cause

Barry McMillian, a Black maintenance worker, joined the Aberdeen School District in 2014. Although his direct supervisor was Chief Operations Officer Willie Brandon, McMillian often received assignments from Facilities Manager Clarence Lee.

Tensions between McMillian and Brandon began in 2018 when Brandon reprimanded McMillian for overtime work. McMillian reported this to then-superintendent Jeff Clay. In response, Brandon adjusted McMillian’s shift from 6:00 AM to 3:00 PM to 7:30 AM to 4:30 PM, affecting only McMillian. This shift change lasted for three to four months.

In May 2019, McMillian and his attorney addressed another grievance at a school board meeting, alleging Brandon assigned him bus-washing duties beyond his job description. By January 2021, a dispute arose over McMillian’s alleged failure to clock out for lunch.

Following advice from Principal Charles Beene, McMillian filed an EEOC charge on March 10, 2021, accusing Brandon of racial discrimination. During March to June 2021, McMillian reported directly to Clay to reduce tensions. However, by late June, Brandon instructed McMillian to report back to him, rekindling the conflict.

On July 23, 2021, McMillian reported Brandon for running a personal business during school hours.

By August, McMillian had already worked 43 hours in one week. He used an informal policy allowing extended lunch breaks for employees working over 40 hours. During this break, McMillian mowed a private lawn. The superintendent saw him and became concerned that McMillian was not at work.

The school district decided to terminate McMillian, citing the lack of an informal policy and accusing him of job abandonment.

McMillian then filed another EEOC complaint, claiming his termination was retaliation for his earlier EEOC complaint. The EEOC issued a right-to-sue letter for this second complaint, leading McMillian to file a lawsuit

Damages

The Plaintiff sought compensation for lost wages since he had missed work for seven weeks. He had been unemployed before securing a job as a meter reader with the City of Aberdeen. Additionally, he requested compensatory damages for the emotional distress he endured.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Barry L. McMillian
    • Counsel for Plaintiff(s): Jim D. Waide, III
  • Defendant(s): Aberdeen School District
    • Counsel for Defendant(s): Laura Ford Rose | Nathaniel Alandas Armistad

Claims

The Plaintiff claimed that he was fired solely due to retaliation and that the “job abandonment” theory was a pretext. McMillian claimed retaliation under Title VII and Section 1981. Additionally, he alleged two state law violations: wrongful termination under Mississippi’s whistleblower statute and wrongful termination in violation of public policy.

Defense

The Defendant school district denied any pretext for the termination, arguing that Plaintiff was fired for leaving work during the day. The defense also argued that the initial EEOC complaint, which alleged race-based retaliation, was unfounded. They pointed out that both McMillian and Brandon were black, making the claim of racial motivation illogical.

Jury Verdict

The trial took place over two days in Aberdeen. On January 24, 2024, the Mississippi jury considered whether McMillian had proven retaliation against him due to the EEOC charge. The all-white jury answered affirmatively. Consequently, McMillian received $3,470 in lost wages and an additional $20,000 in compensatory damages. The total verdict amounted to $23,470. The court upheld this judgment.

Court Documents:

Available upon request