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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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At a bench trial, district court finds evidence of pretext, but still finds that plaintiff was not a victim of race or national origin discrimination.

Cha v. Henderson, 258 F.3d 802 (8th Cir. July 9, 2001) - This is a Title VII wrongful termination action alleging national origin and race discrimination. HoJoon James Cha, an American citizen of Korean origin, worked for the Postal Service. He was accused by Michael Yacoub, a co-worker, of sexual harassment. The supervisor, Randy Bush, investigated and determined that Cha had engaged in sexual harassment. As a result, Cha was terminated. At a bench trial, the district court found evidence of pretext because Bush's investigation was inadequate. For example, Bush documented Yacoub's side of the story, but not Cha's side. Bush also relied on allegations outside of the workplace. However, the district court did not find sufficient evidence of discrimination. This Court's review is based on a clear error standard, and it finds none. Click here to see actual case.