Garnet v. General Motors Corp.
Garnet v. General Motors Corp.
Opinion of the Court
James B. Garnet, Sr., appeals a district court order granting summary judgment for the defendant in this diversity action. Counsel for neither party has requested oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking monetary, declaratory, and injunctive relief, Garnet, a white male, sued the General Motors Corporation in Ohio state court, alleging that the defendant violated state law by hiring less qualified minority applicants over him. The case was removed to federal court pursuant to diversity jurisdiction under 28 U.S.C. § 1332. The district court concluded that Garnet had not established a prima facie case of reverse discrimination and granted summary judgment for the defendant.
Upon review, we conclude that the district court properly granted summary judgment for the defendant. This court reviews de novo a district court order granting summary judgment. Peck v.
General Motors has shown an absence of evidence to support Garnet’s claim of reverse discrimination. While Garnet applied for several positions with General Motors over a number of years, the only employment decision currently in dispute is General Motors’s failure to hire Garnet in 1996. Pursuant to its usual hiring practices, General Motors interviewed Garnet and had him take a written exam. Based on the results of this interview and exam, General Motors assigned Garnet a score reflecting his abilities, which was then used to rank him with other applicants. As part of the hiring process and its affirmative action program, General Motors provided minorities with an opportunity to participate in a Pre-Apprentice Program (PAP). Individuals who completed the PAP then received a several point increase in their hiring evaluation score. It is undisputed that, as a result of their participation in the PAP, two minorities, who had previously scored below Garnet, received additional points which raised their total score above Garnet’s score. In light of their improved scores, these minorities subsequently were hired, but Garnet was not. Garnet now argues that the existence of the PAP and the failure to hire him was the result of reverse discrimination against him by General Motors.
Garnet has not established a case of reverse discrimination under state law. Under Ohio Rev.Code § 4112.02(A), it is an unlawful discriminatory practice for an employer to refuse to hire an individual because of his race. The Ohio Supreme Court has determined that federal case law interpreting Title VII is generally applicable to cases involving alleged violations of § 4112.02(A). Plumbers & Steamfitters Comm. v. Ohio Civil Rights Comm’n, 66 Ohio St.2d 192, 421 N.E.2d 128, 131 (1981). Garnet can establish a case of reverse discrimination by demonstrating that race was a direct factor in the employment decision. Weberg v. Franks, 229 F.3d 514, 522 (6th Cir. 2000). Direct evidence requires the conclusion that the employer’s actions were motivated, at least in part, by unlawful discrimination. Id. Alternatively, Garnet can meet his evidentiary burden through indirect evidence by demonstrating a prima facie case of reverse discrimination. To establish a prima facie case of reverse discrimination, the plaintiff must show that: 1) background circumstances support the suspicion that the defendant is that unusual employer who discriminates against the majority; and 2) the employer treated differently similarly-situated employees outside the protected class. Id. at 523 n. 8; Pierce v. Commonwealth Life Ins. Co., 40 F.3d 796, 801 (6th Cir. 1994).
Accordingly, this court affirms the district court’s judgment.
Reference
- Full Case Name
- James B. GARNET, Sr. v. GENERAL MOTORS CORPORATION
- Cited By
- 4 cases
- Status
- Published