In Title VII race
discrimination, African-American employee failed to show that white
employees were similarly situated.
Johnson v. Ready Mixed
Concrete Co., 424 F.3d 806 (8th Cir. September 26, 2005) - This is a Title VII
race discrimination action alleging wrongful termination. Willie Johnson, an
African American, was a truck driver for Ready Mixed. The exterior paint on Johnson's truck
was damaged with acid while Johnson was washing the truck.
Johnson and the other truck drivers were supposed to use diluted acid on the
drum of the truck -- but not on the exterior paint. Ready Mixed investigated
and determined that Johnson had lied about how the damage occurred. The
district court granted summary judgment. On appeal, the Eighth Circuit
affirms. Johnson's strongest argument is that two white truck drivers
damaged their trucks with acid, but were not terminated. But the Court finds
that the white truck drivers were not similarly situated to Johnson because
the employer did not believe that they had been dishonest.
