Morgan v. Regents of the University of California

Opinion

KLINE, P. J.

Adolphus Ray Morgan appeals from a summary judgment granted in favor of the Regents of the University of California (University) in his employment discrimination action.

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He contends the trial court erred in granting summary judgment because he presented direct evidence that respondent’s failure to rehire him after a layoff was in retaliation for his prior complaint about race discrimination; respondent failed to demonstrate legitimate reasons for not rehiring him; and he raised triable issues of material fact as to whether the reasons offered to justify the employment decision were pretextual. We affirm.

Statement of the Case and Facts

Appellant worked as an electronic technician in the University’s mechanical engineering department from 1982 until June 30, 1995. His primary job

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duties included installation and maintenance of electrical equipment, electronic equipment and computers. He and one other employee were the only two African-American electronic technicians in the University’s college of engineering.

In August 1994, appellant filed an internal grievance claiming racial discrimination in that he had been docked for leaving work early one day while two other employees who left early that day were not docked. The administrative review of the grievance, conducted by Brenda Greenwood, concluded that the three employees should have been treated equally and that appellant should be restored his one and a half hours of leave without pay, but noted that appellant had an “ongoing attendance problem with heavy leave usage” and that appellant’s failure to follow rules and procedures had led his supervisor “to impose different expectations” on him. Greenwood found no evidence of discrimination but noted problems with appellant’s attendance and performance on the job as well as problems of communication and trust between appellant and his supervisor. Greenwood’s report noted that during an informal meeting facilitated by the chairman of the department, appellant “apologized to Supervisor Shaw and indicated that the grievance was not based on racial discrimination.” The University followed Greenwood’s recommendation to restore appellant his leave time.