The U.S. Supreme Court declined to hear a case on the firing of a California fire chief for attending a conference at a church, upholding a lower court ruling that sided with the chief’s former employer.
Supreme Court Justices Clarence Thomas and Neil Gorsuch dissented. Thomas said the existing Ninth Circuit ruling is “producing troubling outcomes on the ground” and that former fire chief Ron Hittle presented “ ‘ample’ evidence of discriminatory intent” from his former employers at the City of Stockton.
At issue is whether Hittle was discriminatorily fired for attending a leadership conference hosted at a religious institution’s facilities. The city says Hittle was fired for performance-related issues, including attending the conference on-duty — that is, without taking time off, while Hittle claims he was subjected to religious discrimination.
The city had requested Hittle attend a leadership training course of his choice. Hittle chose to attend the Global Leadership Summit held at Willow Creek Church, which featured former chief operating officer of Meta Sheryl Sandberg and has hosted former President Bill Clinton.
The Ninth Circuit panel ruling, which is the final word on the matter now that the Supreme Court has not granted certiorari, said Hittle’s evidence of discrimination was not sufficient to overcome the non-discriminatory reasons for his firing.
“Defendants’ legitimate, non-discriminatory reasons for firing Hittle were, in sum, sufficient to rebut Hittle’s evidence of discrimination, and Hittle has failed to persuasively argue that these non-discriminatory reasons were pretextual,” wrote the Ninth Circuit in its ruling.
Thomas said the McDonnell Douglas Corp. v. Green framework used by the Ninth Circuit and other courts in labor discrimination cases was “designed for use in a bench trial,” “underinclusive,” and is “a ‘procedural device, designed only to establish an order of proof and production’ when evaluating circumstantial evidence.”
Under McDonnell, plaintiffs must establish a prima facie case of discrimination. If discrimination is established, the defending employer then must provide a legitimate, nondiscriminatory reason for its actions, to which the plaintiff must show the given reason was only pretextual.
“Analyzing evidence exclusively under McDonnell Douglas may lead a court to overlook the other ways that a plaintiff can prove his claim,” wrote Thomas. “Adding to the confusion, judges appear to have different views on how best to apply the framework at summary judgment.”
“Evidence is more than likely sufficient for Hittle to establish a genuine dispute of material fact,” continued Thomas. “I would have taken this opportunity to revisit McDonnell Douglas and decide whether its burden-shifting framework remains a workable and useful evidentiary tool.”
Hittle was fired in 2011. With the Supreme Court’s denial of certiorari, the case is put to rest.
