This preview shows page 1. Sign up to view the full content.
Unformatted text preview: v.
Lourdes Hosp., Inc., 805 S.W.2d 122, 125 (Ky. 1991); see also Morales, 151 F.3d at 506
Because Ky. Rev. St. Chapter 344 mirrors Title VII of the Civil Rights Act of 1964
("Title VII"), we use the federal standards for evaluating race discrimination claims. See
Kentucky Commission on Human Rights v. Kentucky, 586 S.W.2d 270, 271 (Ky. Ct.
App. 1979); see also Wathen v. General Elec. Co., 115 F.3d 400, 405 (6th Cir. 1997).
Title VII makes unlawful an employer's decision "to discharge any individual, or
otherwise discriminate against any individual with respect to his compensation, terms,
conditions or privileges of employment, because of such individual's race, color, religion,
sex or national origin[.]" 42 U.S.C. § 2000e-2(a)(1) (1994).
Once a plaintiff establishes a prima facie case of discrimination, the [*10] burden shifts
to the defendant to rebut the presumption of discrimination by providing evidence
showing that the plaintiff was terminated for a legitimate nondiscriminatory reason. See
Manzer v. Diamond Shamrock Chem. Co., 29 F.3d 1078, 1082 (6th Cir. 1994). The
plaintiff may demonstrate that the defendant's explanation was merely pretext by showing 101 (1) that the proffered reason had no basis in fact, (2) that the proffered reason did not
actually motivate the termination, or (3) that the proffered reason was not sufficient to
motivate the discharge. See id. at 1084. See generally, Reeves v. Sanderson Plumbing
Prods., Inc., 120 S. Ct. 2097, 147 L. Ed. 2d 105, No. 99-536, 2000 WL 743663 (U.S.
June 12, 2000) (holding that a plaintiff's prima facia case, combined with sufficient
evidence to find that the employer's asserted justification was false, may permit fact
finder to conclude that the employer unlawfully discriminated).
Smith's death threat constituted a legitimate nondiscriminatory reason for firing him. See,
e.g., Lenoir v. Roll Coater, Inc., 13 F.3d 1130, 1132-33 (7th Cir. 1994) (holding that
View Full Document
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