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7th Circuit reverses ‘troubling’ ruling in discrimination case

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Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.

Matthew Whitfield brought an action alleging failure to hire and violation of the Civil Rights Act against Navistar after the company continually hired less-qualified white applicants for open electrical positions. He first applied in 1996 but wasn’t immediately hired because some years of his experience could not be verified. In 1998, while his application was still pending, he received his journeyman card from the union which showed he had at least eight years of experience, as was necessary to be hired. But he was never hired.

According to the court record, the cover letter in his file had the word “Black” on it, but no one with Navistar could explain why it was there. In 2001, Whitfield and 26 others sued Navistar, alleging discrimination and a racially hostile work environment. Most people settled that case, but Whitfield’s hiring discrimination claim went to trial.

Chief Judge Richard Young refused to admit evidence from the class trial, which was proffered one day into trial, saying it was untimely. Young then determined Whitfield’s evidence didn’t imply any discrimination, he did not meet Navistar’s unstated qualifications for the job, and he did not offer any compelling comparator evidence.

The 7th Circuit found “troubling” the determination that there is no evidentiary link between the cover page and an intent to discriminate.

“First, this strikes us as evidence of racial coding, which strongly infers discrimination,” wrote Judge Richard Cudahy. “Second, the district court apparently ignored rather extensive evidence of the racially hostile environment within which this cover page was attached to Whitfield’s personnel file.”

Young concluded that the file could mean that “Black” was written for affirmative action purposes, but no one from Navistar offered that as an explanation. The 7th Circuit also concluded that the District Court committed a “more egregious” error by giving enormous weight to the fact that Navistar hired a female, African-American electrician around the time Whitfield’s application was pending.

“In doing so, the district court again shut its eyes to the entire record, choosing an implausible view of the evidence, and, at the same time, misapplied the law,” Cudahy wrote.

The evidence shows that Whitfield had more experience that many of the white electricians hired at the time he applied, and that some even had none of the skills that Navistar claimed Whitfield lacked, thus justifying their decision to not hire him. Any errors that were in Whitfield’s application were rectified by 1998, yet he was still not hired, the 7th Circuit noted.

The case, Matthew Whitfield v. International Truck and Engine Corp., 13-1876, is remanded for further proceedings.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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