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Unformatted text preview: created fact question of sexually hostile work [*18] environment); Ercegovich, 154 F.3d
at 356 (holding that isolated comment by senior official "evidencing managerial policy,"
when coupled with numerous discriminatory comments by individuals occupying high
positions might "reflect a cumulative managerial attitude among the defendantemployer's managers that has influenced the decisionmaking process for a considerable
Nor is there any proof, direct or indirect, that Defendants "tolerated or condoned" the
racial harassment. See Jackson, 191 F.3d at 659. With one exception, it was undisputed
that Riley, Ford, and Avise were not aware of the alleged incidents. Smith testified
simply that he complained to a supervisor about a racial comment only once. Riley
testified, without contradiction, that after Smith spoke to him, Riley warned the employee 104 that he would be disciplined, possibly terminated for any further racial comments.
Smith's vague assertion that there was a general attitude of discrimination at Adcom is
insufficient to establish pretext. See Wixson v. Dowagiac Nursing Home, 87 F.3d 164,
171 (6th Cir. 1996) (holding that the plaintiffs failed to create issue of fact [*19] by
alleging numerous instances of disparate treatment and hostile work environment in
conclusory terms with no reference to names, times, occasions). Thus, absent proof that
Defendants condoned severe or pervasive racial harassment, Smith failed to show
discrimination based on a racially hostile work environment. Cf. Ercegovich, 154 F.3d at
356 (holding that numerous age-related statements by management reflected a corporate
mindset or discriminatory atmosphere).
Over Defendants' objections, Smith also introduced statistics relating to the percentage of
minority supervisors at Adcom and at Leggett's other Kentucky facilities in Leitchfield,
Simpsonville, and Winchester to show pretext under the second Manzer prong.
Admission of this evidence was likewise erroneous, and not harmless. First, Smith's
statistics were not admissible because he did not establish the number of qu...
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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