Termination Of African-American Manager Was Not Based On His Race
In this case the United States District Court held that an-American Station Manager of an airport rental car operation failed to establish a prima facie case of racially discriminatory termination under § 1981, Title VII, or the New York State Human Rights Law, absent a showing that his discharge for fighting with a subordinate gave rise to an inference of discrimination based on his race.
The Manager pointed unsuccessfully to the facts that: (1) he was subjected to derogatory racial remarks by several subordinates not involved in the termination decision and that senior management did not discipline those subordinates for their behavior; (2) the subordinate with whom he fought (who was also fired) instigated the altercation; (3) he was the only African-American manager hired at the rental car company's airport facility in the City Manager's twelve years overseeing that operation; and (4) he was replaced by a Caucasian.
In any event, the company's proffered reason for
his termination, his participation in a fight with a subordinate, on company
property and in violation of company rules and regulations, was legitimate and
nondiscriminatory. The Manager failed to show that reason was pretextual.
Anderson v. Hertz Corp.