CourtCases2010

C smith also tried to establish pretext under the

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Unformatted text preview: alified minorities available in each labor market. See Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 650, 104 L. Ed. 2d 733, 109 S. Ct. 2115 (1989); Gibson v. Frank, 946 F.2d 1229, 1233 (6th Cir. 1991) (holding that the plaintiff [*20] failed to show discrimination because he did not demonstrate the proportion of blacks qualified for the position); Simpson v. Midland-Ross Corp., 823 F.2d 937, 943 (6th Cir. 1987) (employee statistics unaccompanied by evidence regarding qualified potential from the relevant "employee statistics unaccompanied by evidence regarding qualified potential applicants from the relevant labor market" lack probative value). Furthermore, the statistics relating to the percentage of minority supervisors at Adcom and other Leggett & Platt facilities were not relevant to the issue of whether Adcom terminated Smith because of his race. See Kier v. Commercial Union Ins. Cos., 808 F.2d 1254, 1258 (7th Cir. 1987) (holding that statistical evidence relating to the employer's hiring practices is irrelevant in discriminatory discharge case); Box v. A&P Tea Co., 772 F.2d 1372, 1379-80 (7th Cir. 1985) (statistics showing that the employer favored men in promotions had little relevance to claim that the employer discriminated because of sex in discipline). Smith's statistics lacked probative value and could not support a jury verdict on the [*21] ultimate question of discrimination. 4. Smith also contends that the jury could have inferred racial animus from Defendants' purported lack of fear to Smith's threat. We note that both Guy and Ford testified that they were afraid of Smith after he made the threat. In any event, the issue before us is not whether Defendants exercised good judgment in firing Smith, but merely whether they did so because of an illicit motive. See Manzer, 29 F.3d at 1085. Absent some evidence of racial discrimination, Smith failed to meet his burden. 105 Smith's suggestion that Adcom's failure to promote him to the positi...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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