Non-Decisionmakers' Use Of Racial Nicknames Does Not Support Unlawful Termination Claim
HARRIS v. WARRICK COUNTY SHERIFF'S DEPARTMENT (January 13, 2012)
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Kevin Harris successfully worked in part-time and dispatcher jobs for the Warrick County Sheriff's Department for several years before he was hired as a full-time deputy sheriff in 2007. The Department has a one-year probationary period, during which it can dismiss a deputy without cause. The Sheriff became disappointed in Harris' performance very early on. Harris violated department policy and generally did not seem committed to his position. The Sheriff even offered to return him to the dispatcher position he held just prior to his appointment as a deputy. Harris refused -- but continued to ignore Department policy. The Department terminated Harris in January of 2008. Harris brought suit under Title VII and § 1981, alleging race discrimination. Chief Judge Young (S.D. Ind.) granted summary judgment to the Department. Harris appeals.
In their opinion, Seventh Circuit Chief Judge Easterbrook and Judges Flaum and Sykes affirmed. Harris relied on the direct method of proof for his claim. He cited the facts that: a) some deputies watched portions of Blazing Saddles in his presence, b) some of the deputies gave him racially-based nicknames, and c) several white deputies were retained even though they had performance problems during their probationary periods. The Court rejected the theory. First, Blazing Saddles is a critically acclaimed movie that makes fun of all sorts of social and ethnic stereotypes. It does not support racial discrimination. Second, although the nicknames presented more compelling evidence, Harris offered no evidence that any of the decision-makers used nicknames. Third, Harris failed to satisfy his burden to establish that the white deputies who were retained were similarly situated to him. Harris was terminated for violating procedures, disobeying direct orders, and generally failing to commit to his job. Although the white deputies had performance problems, none of their problems were the same or similar to Harris'.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select