United States Tenth Circuit

Summary judgment for defendant-former employer in a Title VII suit alleging discrimination against plaintiff on the basis of his race or national origin is reversed where a reasonable jury could find that the stated reason for defendant's conduct was a pretext for unlawful, discriminatory treatment of plaintiff in his suspension and termination.

Appellate Information

• Decided 06/06/2006
• Published 06/06/2006

Judges

• EBEL, Circuit Judge., Before TACHA, Chief Judge, HOLLOWAY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Christopher Ho, The Legal Aid Society-Employment Law Center, San Francisco, California (William N. Nguyen and Sharon Terman, The Legal Aid Society-Employment Law Center, San Francisco, California, and Aldo Caller, Law Offices of Aldo C. Caller, Shawnee Mission, Kansas, with him on the briefs), for Plaintiff-Appellant Ramon Zamora., Marielena Hincapie, National Immigration Law Center, Los Angeles, California, on the brief for Amici Curiae National Immigration Law Center;  El Centro, Inc.;  Harvest America Corporation;  Interfaith Worker Justice;  International Brotherhood of Teamsters;  Kansas City Worker Justice Project;  Laborers International Union of North America;  National Council of La Raza;  Service Employees International Union;  United Food and Commercial Workers Union.


• For Appellees:
  
• Ryan B. Denk (Carl A. Gallagher, with him on the briefs), McAnany, Van Cleave & Phillips, P.A., Kansas City, Kansas, for Defendant-Appellee Elite Logistics, Inc.