Barker v. Boeing Co, No. 14-3009 (3d Cir. 2015)
Annotate this CaseBoyd and Smith, both Caucasians, alleged that their former employer, Boeing, discriminated against them on the basis of their race, in violation of 42 U.S.C. 1981, when it terminated their employment after they appeared in a photograph taken at work with a third employee looking like members of the KKK. The district court granted Boeing summary judgment, finding that Boyd and Smith failed to establish a prima facie case of race discrimination because they were not similarly situated to Kenta Smith, the African-American employee who took the photograph and reported the incident. The Third Circuit affirmed, agreeing that “[e]ven if a jury could somehow find that the evidence met the prima facie threshold,” “[t]here is no evidence that could lead a reasonable jury to conclude that Boeing did not really fire the plaintiffs for posing as the KKK, or that a more likely cause was Boeing’s animus toward” Caucasians.
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