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Employer honestly believed reason for termination in race discrimination action.

Jones v. Union Pacific R. Co., 305 F.3d 717 (7th Cir. September 10, 2002) - This is a Title VII and 42 U.S.C. Section 1981 action alleging race discrimination. Glenn Jones' wrongful termination claim fails because Jones could not show that the employer did not honestly believe that Jones had been insubordinate to a railroad police officer who asked Jones to present his identification. Jones' other claims of discrimination and retaliation are waived because they were not raised in his opening brief. Editor's Note: The Court says: "To establish pretext, Jones must show that his race was the determining factor in his discharge, or that but for his race he would not have been discharged." But shouldn't the standard actually be whether race was "a motivating factor." See, 42 U.S.C. Section 2000e-2(m). Click here to see actual case.