Chapter 9 Race Discrimination

Russell Westbrook is an African American male who worked as a sales representative for B-BallSecurity Corp. (B-Ball) for 12 years.His district had a predominantly African American population.He applied for a promotion to sales manager.Although his credentials were superior to those of the other candidates, Westbrook did not get the promotion because the management team feared he would not command the respect of the overwhelmingly white sales force. Westbrook had demonstrated the ability to get along with others during his 12-year career at B-Ball and in his prior work experience, each reference provided examples of his excellent interpersonal skills. His performance evaluations at B-Ball Security Corp. contained numerous comments about his excellent organizational skills and communication skills with B-Ball employees and clients.B-Ball gave the promotion to Peyton Manning, a white man who recently joined the firm with a positive recommendation from his previous employer. Russell Westbrook sued his employer claiming he was discriminated against because of his race in violation of Title VII.

A. What must Russell Westbrook prove to establish a prima facie case of race discrimination? (This is a disparate treatment case.)

B. Apply the facts presented above to each element of the prima facie case. (Do not add facts.)

C. Identify any defenses B-Ball Security Corp. has.

D. Do you believe Russell Westbrook will win his race discrimination lawsuit? Why or Why not?