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Alleged favoritism in firing trips up employer, sends race bias claim to jury

July 2021 employment law letter
Authors: 
Sarah Stula, Foulston Siefkin LLP

A former executive’s race discrimination claim can proceed to trial because the evidence suggested the employer showed favoritism in the process of disciplining and firing him for misconduct, the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Kansas employers) recently held. The case reminds us an employer may have good reason to fire an employee but still face legal liability if discipline was imposed in an inconsistent manner.

Fired

Dr. Erfan Ibrahim, a man of Pakistani descent, worked as an executive at Alliance for Sustainable Energy in Colorado. Alliance claimed it fired him for his interactions with two women. He alleged the company discharged him because of his race and treated a white executive accused of similar improprieties better than him.

First, Ibrahim invited a female administrative assistant at Alliance to a movie and told her he didn’t have a significant other. He also offered to help pay for her rental car. The assistant declined the offers and expressed concern about his behavior to management. His supervisor told him to be careful about his conduct, given his position of authority over the assistant, and to move on from the incident.

Second, Ibrahim attended an event with members of a visiting delegation from the United Kingdom. At the event, he told a female delegate he got a “positive vibe” from her and referred to her as “an attractive, young female.” An official at the U.K. consulate later expressed concern about the comments.

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