Unformatted text preview: s are numbers. Twenty-seven workers joined the break room
unrest. Three Hispanics were among them. Two were recognizably [**13] Hispanic, and
both of them were fired by the end of the shift. Flores argues these numbers are enough to
cast doubt on [*517] PTG's stated reason for firing her. The problem with Flores'
argument is that her fellow Hispanic (and sister), Barrera, was not fired because of the
uprising. Barrera was fired for an unrelated safety violation later in the shift. Admittedly,
it seems a bit fishy that the only two identifiable Hispanics who took part in the tumult
were fired before the end of the shift, but Flores has not presented any facts to connect
her firing to that of her Walkmanwearing sister.
Flores cannot escape summary judgment. She has not alleged sufficient facts to
undermine PTG's assertion that Jones and Adams fired her based on their belief, honestly
held, that she was the head rabble-rouser in the coffee room contumacy. She admits to
being the loudest and most boisterous when she and the others staged their
demonstration. Eager to make an example out of someone, PTG fired the perceived agent
provocateur. And eradicating the leader is a time-honored method of bringing a group to 145 heel. That's why Barzini, in Paramount's "The Godfather," tried to rub out Vito, rather
than Fredo, when [**14] he wanted to cripple the power of the Corleone Family. Flores'
naked argument that PTG's explanation was a mere pretext for discrimination does not
raise a triable issue of fact. It may very well have been unfair for PTG to behead Flores to
make a point--but she does not come close to showing that the company went after her
because she was Hispanic. The judgment of the district court is therefore affirmed. 146 147 Case # 18 VICKERS vs. FAIRFIELD MEDICAL CENTER
453 F.3d 757, 98 Fair Empl.Prac.Cas. (BNA) 673, 88 Empl. Prac. Dec. P 42,443, 2006
Briefs and Other Related Documents
United States Court of Appeals,
Christopher VICKERS, Plaintiff-Appell...
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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.
- Spring '08