Hicks v. New Orleans Country Club
ORDER AND REASONS granting 22 Motion for Summary Judgment. IT IS FURTHER ORDERED that the instant action be and hereby is DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan on 7/6/16. (cg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS COUNTRY CLUB
ORDER & REASONS
Before the Court is defendant New Orleans Country Club’s motion for summary
judgment. 1 The motion was filed on June 2, 2016, and noticed for submission on June 29, 2016. 2
Pro se Plaintiff Tiffany Hicks has not opposed the motion.
Hicks filed the instant complaint against Defendant on July 15, 2015, alleging that she
was subjected to sexual and racial harassment and discrimination while working for Defendant
by a supervisor and other employee. 3 Although the complaint does not expressly state the law
under which Hicks seeks relief, the allegations in Hicks’ complaint and the boxes marked on the
civil cover sheet attached to the complaint make it clear that she brings her suit under the
employment discrimination provisions of Title VII, 42 U.S.C. § 2000e.
Defendant’s motion for summary judgment asserts that there is no genuine dispute of
material fact that the New Orleans County Club is a private membership club that is exempt from
taxation under 16 U.S.C. § 501(c) and therefore exempt from liability under Title VII. 4
Defendant includes a copy of Hicks’ charge of discrimination filed with the U.S. Equal
Employment Opportunity Commission (“EEOC”) and the EEOC’s response, which informed
Hicks that it was closing its file on the charge because it lacked jurisdiction due to Defendant’s
R. Doc. 22.
R. Doc. 22-7
R. Doc. 1.
R. Doc. 22-1.
private membership club status. 5 Defendant also attaches affidavits and a letter to Defendant
from the Internal Revenue Service supporting the conclusion that Defendant is exempt from
taxation under 26 U.S.C. § 501(c)(7). 6
Title VII expressly exempts from liability bona fide private membership clubs, other than
labor organizations, that are exempt from taxation under the provisions of 26 U.S.C. § 501(c).
See 42 U.S.C. § 2000e(b)(2). Given the lack of opposition to Defendant’s motion for summary
judgment and the evidence put forward by Defendant, the Court finds it reasonable to conclude
that Defendant has established that it is a bona fide private membership club and therefore
exempt from Title VII liability as a matter of law. Affording all reasonable inferences which can
be drawn from pro se Plaintiff Hicks’ pleadings, 7 the Court finds that Defendant is entitled to
summary judgment and that final judgment should be entered against Hicks and in Defendant’s
IT IS ORDERED that defendant’s motion for summary judgment 8 is GRANTED.
IT IS FURTHER ORDERED that the instant action be and hereby is DISMISSED
New Orleans, Louisiana, this 6th day of July, 2016.
_________ ____ _________ __________
UNITED STATES DISTRICT JUDGE
R. Docs. 22-5 & 22-6.
R. Docs. 22-3 & 22-4.
See In re Tex. Pig Stands, Inc., 610 F.3d 937, 941 n.4 (5th Cir. 2010).
R. Doc. 22.
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