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Prather Randle, John W. Walker, John W. Walker, P. On October 30,prior to certification of a class, Rick Presley was permitted to intervene as a plaintiff. In a Memorandum and Order entered on March 27,after a hearing on the plaintiffs' Motion for Class Certification, the Court dismissed the claims of plaintiff Richard Smith and intervenor Rick Presley, finding that the two had not fullfilled their obligations in the discovery stage of the north little rock pregnant escorts and that they would not be adequate class representatives.
In the same Memorandum and Order, the Court certified plaintiff James McCarther as the representative of a class of "all black employees and ex-employees [of the Camelot] who have been at any time involuntarily terminated by the Camelot for racially discriminatory reasons The issues in the case were thereby limited to class-wide claims of discriminatory termination presented by James McCarther on behalf of the certified class.
The trial of this case was held on March 31, and April 1, 2, 3 and 4, A preliminary analysis of the relevant legal principles serves as an outline for the Court's assessment of the facts in this case. Depending upon the evidence, there are two ways of establishing a Title VII violation, one being through the utilization of the disparate treatment theory and the other through the use of the disparate impact theory.
See Kirby v. Colony Furniture Company, F. In some cases the evidence permits the plaintiff to advance both theories. In others, only one is available. Plaintiffs' counsel indicated at the trial that he did not believe that there were any facially neutral policies at the Camelot which had a disparate impact upon blacks. On the basis of the evidence, the Court agrees. North little rock pregnant escorts, the Court will analyze the case principally as one based upon disparate treatment with, however, some additional analysis of plaintiffs' statistical evidence.
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Green, U. In this Court's recent decision in Boner v. LRC-7 E. Even more recently, in Johnson v. Bunny Bread Company, F. This Court does not perceive any relevant uniqueness in the so-called "present circumstances" of the Bunny Bread case. The ificance of these various articulations of the standard for making out a prima facie case of discriminatory discharge is that, in each case, the plaintiff must show that he or she is a member of a protected class, that he or she was discharged and that some other factor existed which tends to negate the supposition that the discharge was for some nondiscriminatory reason.
As stated in Boner, the presentation of evidence may not lend itself readily to the analytical framework described above for assessing the "prima north little rock pregnant escorts case requirement.
The plaintiff may, as here, call some or all of the defendant's witnesses as part of his case in chief. As a result, much of the defendant's case is brought out by the plaintiff. So in the courtroom, linear evidentiary procedures may north little rock pregnant escorts not obtain. Nevertheless, it is possible to sort out the evidence and to apply the analytical framework to that evidence.
Although the plaintiff, as stated above, relies principally upon evidence he contends shows disparate treatment, he nevertheless attempts to buttress that evidence with statistical data which he believes also shows a disparate impact in Camelot discharge cases. It will therefore be necessary to discuss the statistical evidence and also the evidence relating to the specific cases of alleged discrimination relied upon by the plaintiff. Those factual findings which are pertinent to any of the merits issues are adopted and reaffirmed hereby.
However, if there is any inconsistency between those factual findings and the ones expressed herein with respect to any merits issue, the latter will control. It was agreed by the parties, and approved by the Court, that it would not be necessary at the hearing on the merits to reintroduce any evidence or repeat any testimony which had been received at the certification hearing.
The Court agreed to consider so much of such testimony and evidence as might be pertinent and relevant to any merits issue. At the certification hearing the plaintiffs, although given an opportunity to do so, did not put on an expert witness to make a statistical analysis of certain documentary evidence, particularly the E. See Memorandum and Order of March 27,p. At the hearing on the merits, the plaintiffs utilized Mr. John Fluker to analyze the document referred to as "Appendix I" received as Plaintiff's Exhibit 21 and the statistical conclusions contained north little rock pregnant escorts.
Fluker, however, had nothing to do with the preparation of Appendix I. He was first contacted by the plaintiffs approximately a month before the trial on the merits. Appendix I had already been prepared and the samples contained therein selected according to decisions made by others. Fluker did not give advice on the taking of the pertinent samples.
He admitted on cross-examination that samples, if they are to form a predicate for valid statistical conclusions, must be obtained through accepted random selection procedures. In this connection, he stated that if it is decided to take every 20th name or every fifth name from a list, the starting point should be selected in a manner which would insure that each of the first 20 names or each of the first five names, as the case might be, would have an equal chance of being selected as the starting point.
This, however, was not done in drawing the sample in Table I. Fluker further admitted that samples were drawn from lists that included voluntary "quits" and involuntary terminations. Furthermore, in his analysis he combined the salaried and hourly employees.
He did not make a separate analysis of salaried employees because he was not asked to do so. Fluker recognized that the definition of "salaried employees" in Appendix I differed from that in the E. The result was that some service workers, who were salaried, were not included.
Of course, Mr. Fluker had nothing to do with the definition used by the plaintiffs in Table 1 of Appendix I. This difference in definition makes a substantial difference in the obtained. In analyzing Table 2 of Appendix I, Mr. Fluker drew certain conclusions, again based upon the supposed accuracy of Table 1. He admitted that the inaccuracies of Table 1 would affect the accuracy of Table 2. Fluker also recognized that no effort was made to identify the relevant labor market with respect to the many different jobs at the Camelot Inn. He conceded that where a job required special qualifications it would be necessary to identify the pool of blacks possessing such qualifications.
Without such data the employment "s" with respect to that job could have little ificance. Fluker also admitted that he did not include the "unknown" category in his calculations concerning promotions.
The defendant used Dr. Lynn Roy LaMotte to review Appendix I and the conclusions drawn therein and also to review the conclusions drawn by Mr. LaMotte's credentials are impressive. His testimony, which the Court credits, thoroughly undermines and impeaches the statistical inferences and conclusions of the plaintiff, as set forth in Appendix I and as testified to by Mr.
Even had there been no inaccuracies in that table, he was of the opinion that no meaningful statistical inference could be drawn because the information was not compiled from the appropriate "universes. With respect to the conclusions drawn on 2 of Appendix I, he testified that north little rock pregnant escorts be meaningful the percentages must be related to the availability of qualified persons in the work force.
An acceptable percentage representation should then depend upon the availability of blacks in the relevant labor market. With respect to Table 2, Dr. LaMotte testified that the data contained therein does not result from any sampling procedure, and therefore no statistical inference is possible.
LaMotte concluded that the plaintiffs' theory that the statistical analysis implied "one-for-one hiring" was erroneous. His opinion was that there was simply no data which shed any light on whether there had been one-for-one hiring.
Such conclusions could only be drawn if there were available direct evidence relating to the sequence of replacements of employees. LaMotte emphasized the deficiencies in the sampling procedures and pointed out that it is absolutely essential that the starting point for such a sampling technique be chosen on a random basis. Representativeness can be determined only in the way that a sample is drawn.
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Checking a sample already improperly drawn against certain known characteristics cannot have the effect of verifying that the sample is representative. With respect to the analysis made on 5 of Appendix I, Dr. LaMotte stated that the wrong comparisons were made, rendering the utilization of the Chi square approach inappropriate in this case.
Considering hourly employees only, the objective would be to compare the of blacks discharged and laid off and also the whites and the unknowns to their appropriate percentages in the population of inactive hourly employees. But that is not what is in fact compared. North little rock pregnant escorts the s of black, white and unknown 3, 31 and 3, respectively are compared with the proportions of whites, blacks and unknowns in the sample itself. With respect to the "promotion" discussion at the bottom of 5 of Appendix I, Dr.
LaMotte stated the same problems exist: poor or ambiguous definitions; errors in computations; of representatives in sample; exclusion of large percentages of the population; and the presence of a large of unclassified persons. The plaintiffs' analysis purported to show a large disparity between hourly and salaried employees, but again there is no reference to the relevant labor market.
Furthermore, the comparisons are simply of s within the sample itself.
LaMotte testified that it would be inappropriate to compare promotion rates in job at different levels of qualifications because one would not be dealing with one homogeneous group. Without further detailing the testimony of the expert witnesses, the Court concludes that the statistical inferences drawn by the plaintiffs in Appendix I and by Mr. However, as stated in the Court's opinion of March 27,in this case, the information contained in the basic E. It is the Court's view that such basic evidence does lend some factual support to plaintiff's theory of racially discriminatory terminations or at least to plaintiff's theory that defendant's termination policies impact more severely north little rock pregnant escorts blacks.
However, such "s" would not be adequate, in and of themselves, to establish even a prima facie case for the allegedly discriminatory terminations. Nor would such evidence provide any ificant support for Mr. McCarther's individual "promotion" claim. Furthermore, such s have been explained as reflecting the natural business situation existing at the Camelot.