Law School Case Brief
Green v. McDonnell Douglas Corp. - 528 F.2d 1102 (8th Cir. 1976)
The important point is that [the employer] stood absolved by the conduct of those engaged in the "sit-down" from any duty to reemploy them, but respondent was nevertheless free to consider the exigencies of its business and to offer reemployment if it chose.
Employee Green was laid off due to a general reduction in work force and participated in illegal civil rights demonstrations against his former employer, including obstructing traffic. The employer subsequently refused to rehire the employee for a job opening for which he was qualified, due to his participation in the illegal demonstrations. Employee filed an action alleging discrimination based on protected civil rights demonstrations, and race discrimination. The district court denied, and Green appealed.
Is the defendant employer’s reason for not hiring the employee a pretext for discrimination?
The court affirmed, holding that the evidence showed no preferential treatment of white prospective employees. Moreover, the employee's hiring statistics actually supported the company, and the evidence showed that the employee had refused to take a qualification test that the employer had offered in an attempt to place him in another position prior to the layoff.
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