Smith also scheduled an interview for Kelly. After applying, Kelly received a call from Andrew Smith, the other co-owner of AES, inquiring about her experience. Out of respect for the Plaintiff, the Court will refer to Kelly as she does in her briefing. As a transgender female, the plaintiff appears and dresses as a female. 1 Although the Plaintiff’s gender assigned at birth was male, she identifies as a black female. According to the Elizabeth Smith, a co-owner of AES, the company was interested in filling the Area Supervisor position with someone with an MBA. In addition, Kelly indicated that she worked at Wendy’s from April 2005 until October 2018 as an Area Supervisor. It appeared on her resume as if she began the program in August 2008 and finished in June 2014. Under the education section of her resume, Kelly listed a Master’s in Business Administration. Kelly attached her resume, which listed her work experience, level of education, skills, and licenses, to her application. AES is a company that owns and operates several McDonald’s restaurants in Mississippi. Factual and Procedural Background Joselyn Kelly, an openly transgender female1, applied for an Area Supervisor position with AES Enterprises, Inc., (“AES”) sometime before January of 2019. The issues are fully briefed and ripe for review. Presently before the Court is the Defendant’s Motion for Summary Judgment seeking dismissal of the Plaintiff’s claim. DEFENDANT ORDER AND MEMORANDUM OPINION Joselyn Kelly filed a Complaint on Maalleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964. CIVIL ACTION NO.: 3:19-CV-69-SA-JMV AES ENTERPRISES, INC. 60 IN THE UNTIED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION JOSELYN KELLY PLAINTIFF V.
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