National Origin Discrimination
The Case
A part-time police officer, who was born in Jordan, sued the city that employs him, claiming that he suffered national origin discrimination when he was passed over for promotion to full-time positions that became available. While he claimed that a police captain made derogatory statements about him, he failed to show that the captain was a decision-maker with input into the promotion decision.
The police chief indicated that he made hiring decisions himself, and there was no evidence of discriminatory animus on the part of the chief. There was also evidence that other candidates were hired for the full-time positions because they were better qualified, had more experience, there had been a citizen complaint against the plaintiff, and there was a concern that the plaintiff might be unable to work rotating shifts because of his ownership of gas stations. There was no indication that these stated reasons were a pretext for discrimination.
Write an IRAC analysis on behalf either the police officer or the city.
The Rules
To establish what the law calls a prima facie case of national origin discrimination an employee must demonstrate that (1) the employee belongs to a protected class ; (2) the employee was qualified for the job; (3) the employee was subject to an adverse employment action (i.e., termination of employment or demotion to another job) despite being qualified; and (4) the action took place under circumstances that raise an inference of discriminatory action, such as when a similarly situated person not of the protected class (i.e., a person born in the United States) is treated more favorably.
To prove a hostile work environment claim based upon national origin, an employee must establish what the law calls a prima facie case of a hostile work environment claim; an employee must meet a five-part test.
The employee suffered intentional discrimination because of national origin;
The discrimination was severe or pervasive considering the totality of the circumstances. This can be demonstrated by showing the frequency of the discriminatory conduct, its severity, whether the conduct was physically threatening or humiliating, and whether the conduct unreasonably interferes with an employee’s work performance;
The discrimination detrimentally affected the employee;
The discrimination would detrimentally affect a reasonable person in that position;
Existence of “respondeat superior liability” – circumstances which would make the employer responsible for the conduct of its employees.
Instruction
The same as those in previous IRAC writing assignments.
