Miller v. Wachovia Bank, N.A.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendant Carla Jones’s (“Jones’s”) motion to dismiss requires the court to decide whether an employee who has not exercised supervisory authority over a coworker can be held individually liable to the coworker for intentional race discrimination or retaliation under 42 U.S.C. § 1981. Concluding that she cannot and that plaintiff Naomi Miller (“Miller”) has failed to state a cognizable § 1981 claim against Jones, the court grants Jones’s motion and dismisses the § 1981 claim against her.

I

In 2006 Miller, who is Caucasian, began…