Under these alleged facts, Wade has established a prima facie case for purposes of summary judgment. The Court disagrees with Home Depot that, under these alleged circumstances, Wade was required to apply through Career Depot. Although Home Depot did have a formal application process and Wade failed to follow that process, viewing the evidence in the light most favorable to Wade, as the Court must, a jury could find that Lebeouf, an assistant manager, apparently involved in the interview process,4 purposely misled her after she had inquired about the position. Wade indeed “sought” the promotion, but Lebeouf’s actions, combined with the lack of notice in the break room, denied her the opportunity to apply and interview for the position.

Charmine Wade v. The Home Depot USA, Inc. AKA The Home Depot (W.D. La. 2016) WL 67793