United States Tenth Circuit

In a suit against a former employer under Title VII alleging it discriminated against plaintiff because of his race, summary judgment for the employer is affirmed where: 1) the en banc court was evenly divided as to a claim arising from defendant's suspension of plaintiff from work until he presented documentation establishing his right to work in the U.S.; and 2) plaintiff failed to present sufficient evidence establishing a genuinely disputed issue of fact as to whether or not defendant's proffered reason for subsequently firing him, after he requested an apology, was a pretext for discrimination.

Appellate Information

• Decided 02/26/2007
• Published 02/27/2007

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.