|
4098 REVIEW DENIED Temporary suspension of one police officer and transfer of other officers from their positions, even if all the officers continued receiving full salary and the transfers were within the terms of employment, may constitute adverse employment action if motivated by racial animus; after preliminary stages are completed and litigation goes to a jury, employment discrimination may be proved by traditional evidence rather than by the burden-shifting approach; evidence that a supervisor was pervasively motivated by racial considerations at every opportunity, that he said of Caucasian employees he was subjecting to discipline that he was "moving those white boys out of here," and that similar and more serious infractions by African-American officers did not result in discipline was sufficient to justify a jury's finding that employment action taken by the supervisor was motivated by racial animus.CitationHORSFORD v BOARD OF TRUSTEES (White Officers) 132 CA4 359 [See: GovC 12900 etseq; Guz v Bechtel 24 C4 317, T/AT 11/00; McDonnell Douglas v Green 411 US 792]
|
|
