Zamora v. Elite Logistics, Inc., 04-3205 (10^th Cir., Feb. 26, 2007)

Here’s an important en banc employment decision from the Tenth Circuit, illustrating the tension between the government’s demand that employers verify the legal status of their workers and Title VII’s protections against national origin discrimination. Plaintiff Ramon Zamora is a Mexican national who is legally present in the United States. He claims that his employer, Elite Logistics, twice discriminated against him based on race and national origin.  First, Elite suspended him pending double and then triple proof that he was using a real social security number. Second, Elite fired Zamora when he demanded an apology. The district court granted summary judgment for the employer, but a divided panel of the Tenth Circuit reversed, holding that there were issues of fact for trial.

The Tenth agreed to rehear the matter en banc and sharply divides over whether Zamora’s case can proceed. By a vote of 9-5, the Court rejects Zamora’s wrongful termination claim. Although the Court evenly divides on Zamora’s claim that he was wrongfully suspended, that too fails, since an even division means that the district court decision will stand.

Writing for the dissenters, Judge Lucero notes the irony of affirming summary judgment under the circumstances: “Although half of the members of this court agree that Zamora presented sufficient evidence of pretext as to his continued suspension, the majority opinion concludes that the record contains no evidence that Tucker terminated Zamora because Zamora was a ‘Mexican-born Hispanic.’”

The decision broke down largely along party lines, with all five of the Court’s Democratic appointees unsurprisingly siding with Zamora. But the big surprise is recent Bush appointee Jerome Holmes, who voted with the dissenters on the suspension claim, along with Reagan appointee Ebel.  Note: This post has been updated because my initial numbers did not add up. 

Posted Mon, 26 Feb 2007 22:01:43 and filed under Summary Judgment, Employment, En Bancs, Decision of the Day. You can leave a response, or trackback from your own site.