Brenda Faye BENSON, Appellant, Alberta Louise Hallman and Michael Johninson, v. LITTLE ROCK HILTON INN, Appellee

742 F.2d 414, 1984 U.S. App. LEXIS 19169, 35 Empl. Prac. Dec. (CCH) 34,619, 35 Fair Empl. Prac. Cas. (BNA) 1362
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 27, 1984
Docket83-1728
StatusPublished
Cited by22 cases

This text of 742 F.2d 414 (Brenda Faye BENSON, Appellant, Alberta Louise Hallman and Michael Johninson, v. LITTLE ROCK HILTON INN, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brenda Faye BENSON, Appellant, Alberta Louise Hallman and Michael Johninson, v. LITTLE ROCK HILTON INN, Appellee, 742 F.2d 414, 1984 U.S. App. LEXIS 19169, 35 Empl. Prac. Dec. (CCH) 34,619, 35 Fair Empl. Prac. Cas. (BNA) 1362 (8th Cir. 1984).

Opinions

BRIGHT, Circuit Judge.

Brenda Faye Benson brought this action under 42 U.S.C. § 1981 and Title VII asserting that she had been discharged as a chambermaid at the Little Rock Hilton Inn (Inn) in retaliation for bringing a suit for individual and class action relief under section 1981. The district court1 denied Benson’s motion for class certification and dismissed the action on its merits. Benson appeals, asserting that the district court erred in concluding that she was not discharged in retaliation for having filed her section 1981 claim. We affirm.

I. BACKGROUND.

Brenda Faye Benson is a black woman. At the time of her discharge, she had worked at the Inn as a chambermaid for about two months. Her regular job duties included cleaning the hotel’s executive offices. On December 27, 1978 Benson was cleaning the office of William Malleson, the hotel’s general manager. In picking up some papers from the floor to place upon his desk, she discovered a document entitled “Nigger Application for Employment.” The racial slurs on this paper, which the district court rightly found to be “a sick and bigoted attempt at humor, that can only be viewed as utterly deplorable,” greatly upset Benson. Malleson discussed the mock application with Benson later that day. He called in two dining room managers who were responsible for the document, and made them apologize to her. He did not otherwise discipline these employees.

On January 10,1979, Benson filed a class action against the Inn under 42 U.S.C. §§ 1981, 1985, 1988 and the thirteenth amendment. In her complaint, Benson alleged that the defendant “maintain[ed] policies and practices which adversely affect black female employees because of their race by subjecting them to fill out applications that is [sic] attached to this complaint as Exhibit A,” referring to the application mentioned above. On January 11, 1979 Malleson read in the Arkansas Gazette that Benson had filed this lawsuit. The article reported that Benson’s attorney “said his client had been instructed to fill out the form after she came to work.” Malleson approached Benson at the hotel and inquired about the article. After their conversation, he fired her.

The district court dismissed Benson’s initial complaint for failure to state a claim. She filed an amended complaint on October 31, 1979, alleging that her discharge from the Inn was in retaliation for filing her section 1981 claim. The amended complaint invoked both sections 1981 and Title [416]*416VII, 42 U.S.C. § 2000e.2 The ease went to trial without a jury in the district court on January 12, 1983. After hearing conflicting accounts from Malleson and Benson about their January 11, 1979 conversation, the district court found that Benson lied in telling her lawyer that she was instructed to fill out the mock application, that she admitted this lie to Malleson, and that she also lied in telling Malleson that she had lost her copy of the application. The court concluded that Malleson fired Benson “because he believed in good faith that she had falsely libeled the hotel, had lied to him, and had stolen the document. No racial considerations entered into that decision.” The court thus denied her claim, and Benson now appeals.3

II. DISCUSSION.

Benson’s retaliation claim properly arises only under 42 U.S.C. § 1981 because at the time of her dismissal, she had not filed suit under Title VII. Although section 1981, unlike Title VII,4 does not expressly prohibit an employer from terminating an employee in retaliation for charging the employer with unlawful discrimination, this court has held that the principles underlying Title VII and section 1981 are the same, and has treated retaliation claims under section 1981 as though they were brought under Title VII. See Sisco v. J.S. Alberici Construction Co., 655 F.2d 146, 150 (8th Cir.1981), cert. denied, 455 U.S. 976, 102 S.Ct. 1485, 71 L.Ed.2d 688 (1982); Setser v. Novack Investment Co., 638 F.2d 1137, 1146-47 (8th Cir.), modified on other grounds, 657 F.2d 962 (8th Cir. en banc), cert. denied, 454 U.S. 1064, 102 S.Ct. 615, 70 L.Ed.2d 601 (1981); Goff v. Continental Oil Co., 678 F.2d 593 (5th Cir.1982). As the Fifth Circuit has expressly held, “[section] 1981 does encompass claims of retaliation when an adverse action is taken in response to a person’s filing of an EEOC charge or civil rights lawsuit in which discrimination is alleged.” Id. at 598. Thus, Benson’s claim of retaliation is cognizable under section 1981.

This court has given employees filing discrimination claims with the EEOC or the federal courts broad protection from retaliation. In Womack v. Munson, 619 F.2d 1292 (8th Cir.1980), cert. denied, 450 U.S. 979, 101 S.Ct. 1513, 67 L.Ed.2d 814 (1981), we said:

The merits of a charge made against an employer is irrelevant to its protected status. Abramson v. University of Hawaii, 594 F.2d 202, 211 (9th Cir.1979); Pettway v. American Cast Iron Pipe Co., 411 F.2d 998, 1007 (5th Cir.1969). Access is protected; administrative and judicial mechanisms determine the truth, falsity, frivolousness or maliciousness of an EEOC charge or court complaint. Thus, employer retaliation even against those whose charges are unwarranted cannot be sanctioned.

Id. at 1298. See Pettway v. American Cast Iron Pipe Co., 411 F.2d 998, 1005 (5th Cir.1969) (employee filing EEOC charge [417]*417protected from retaliation regardless of truth or falsity of claim). So long as the employee has a reasonable belief that he is opposing conduct that constitutes unlawful discrimination, he is protected from retaliation by his employer. See Sisco v. J.S. Alberici Construction Co., supra, 655 F.2d at 150.

In Setser v. Novack Investment Co., supra, we articulated the rationale for this rule, stating,

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742 F.2d 414, 1984 U.S. App. LEXIS 19169, 35 Empl. Prac. Dec. (CCH) 34,619, 35 Fair Empl. Prac. Cas. (BNA) 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenda-faye-benson-appellant-alberta-louise-hallman-and-michael-ca8-1984.