Chacon v. Ochs

780 F. Supp. 680, 92 Daily Journal DAR 1245, 1991 U.S. Dist. LEXIS 18995, 60 Empl. Prac. Dec. (CCH) 41,830, 57 Fair Empl. Prac. Cas. (BNA) 1271, 1991 WL 290743
CourtDistrict Court, C.D. California
DecidedDecember 23, 1991
DocketSACV 90-679-GLT
StatusPublished
Cited by7 cases

This text of 780 F. Supp. 680 (Chacon v. Ochs) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chacon v. Ochs, 780 F. Supp. 680, 92 Daily Journal DAR 1245, 1991 U.S. Dist. LEXIS 18995, 60 Empl. Prac. Dec. (CCH) 41,830, 57 Fair Empl. Prac. Cas. (BNA) 1271, 1991 WL 290743 (C.D. Cal. 1991).

Opinion

OPINION AND ORDER

TAYLOR, District Judge.

This case presents the issue, apparently not the subject of prior Ninth Circuit authority, whether Title VII, 42 U.S.C. Section 2000e et seq., prohibits discrimination based on an interracial association. This court holds that it does.

I. BACKGROUND

In this civil rights action under Title VII, 42 U.S.C. § 2000e et seq., plaintiff, a white woman married to a hispanic man, alleges that individuals at her place of employment with the State of California made denigrating comments about the hispanic race, knowing her husband and children were hispanic. 1 Plaintiff alleges that these comments resulted in her being forced to work in a “hostile environment,” exposing her to discrimination based on race in violation of Title VII. She also alleges that, as a result of her complaints about these comments, her superiors began a pattern of retaliation harassment. 2

Defendants moved to dismiss the action, contending the complaint fails to state a claim upon which relief can be granted. Defendants contend the complaint is deficient because it does not allege plaintiff was discriminated against based upon her race, but only alleges she was discriminated against because of the race of another.

II. DISCUSSION

Title VII of the Civil Rights Act of 1964 prohibits discriminatory practices based upon an individual’s race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a). 3 The statute prohibits discrimination *681 against individuals of all nationalities and origins. See, e.g., McDonald v. Santa Fe Trail Transportation Company, 427 U.S. 273, 96 S.Ct. 2574, 49 L.Ed.2d 493 (1976) (Title VII applies to white as well as african-american individuals).

Defendants argue the alleged discrimination complained of must be based upon plaintiffs own race for Title VII protections to apply. Defendants conclude plaintiff has failed to state a Title VII claim because she is white, and she claims discrimination from comments about hispan-ics, not whites.

Apparently no Ninth Circuit court has ruled whether Title VII violations include discriminatory employment practices based on an individual’s association with people of a different national origin. Courts in other jurisdictions which have considered this question are divided on the issue. Compare Whitney v. Greater New York Corp. of Seventh-Day Adventists, 401 F.Supp. 1363 (S.D.N.Y.1975) and Ripp v. Dobbs Houses, Inc., 366 F.Supp. 205 (N.D.Ala.1973). However, the better-reasoned decisions recognize such a Title VII violation.

In Whitney, a white plaintiff claimed Title VII discrimination based on a social relationship she was having with an afri-can-american man. Whitney, 401 F.Supp. at 1365. The defendant moved to dismiss, noting the complaint failed to allege plaintiff was discharged because of her race, and that actually the race of her friend was at issue. The defendant contended a white plaintiff could not maintain a Title VII action based on discrimination against a minority group member. Id. at 1366.

The Southern District of New York rejected the defendant’s argument and denied the motion to dismiss. The court held that Title VII did apply to discrimination based upon interracial relationships. The court reasoned that, if the plaintiff was discharged as a result of a social relationship with an african-american man, the plaintiff’s race was as much a factor in the decision as that of her friend. If “she was discharged because she, a white woman, associated with a black, her complaint falls within the statutory language that she was ‘discharge^] ... because of her race.’ ” Id. at 1366 (referring to the Title VII statute, 42 U.S.C. § 2000e-2(a)(l)).

Similarly, in Reiter v. Center Consolidated School District, 618 F.Supp. 1458, 1459-1460 (D.Colo.1985), the court found that “discriminatory employment practices based on an individual’s association with people of a particular race or national origin are prohibited under Title VII.” In Reiter the plaintiff alleged she was refused employment because of her association with the Hispanic community. The court noted the supporting rationale of the law that “the plaintiff was discriminated against on the basis of [her] race because [her] race was different from the race of the people [she] associated with.” Id. at 1460.

The Eleventh Circuit adopted this reasoning in Parr v. Woodmen of the World Life Ins. Co., 791 F.2d 888 (11th Cir.1986). The circuit applied Title VII to a white plaintiff’s claim that he was discriminated against because he was married to an afri-can-american woman. Id. at 889. The circuit reasoned that Title VII prescribes all race-conscious discriminatory practices, and held that a claim of discrimination based upon an interracial marriage or an interracial association is, by definition, racially-based discrimination. Id. at 892.

On the other hand, a few courts disagree with the conclusion that Title VII applies to interracial associations. See, e.g., Ripp v. Dobbs Houses Inc., 366 F.Supp. 205 (N.D.Ala.1973); Adams v. Governor’s Committee on Post-Secondary Education, 26 F.E.P. Cases 1348 (N.D.Ga.1981).

In Ripp a white male asserted a Title VII action, claiming he was discharged because of his association with black employees. Ripp, 366 F.Supp. at 207. The court dismissed the complaint because the plaintiff made no allegation that he suffered any detriment based upon his own race. Id. at 208. The court reasoned that the plaintiff had failed to established that he was aggrieved by the improper employment practices. Id. at 208-209.

*682 Similarly, the Adams court, relying on Ripp, held that a white man who alleged his employment was terminated because of his interracial marriage failed to state a claim under Title YII because he did not claim he was discriminated against because of his race. Adams, 26 F.E.P. 1348.

This court adopts the Eleventh Circuit’s view expressed in Parr, and rejects the reasoning in Ripp

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780 F. Supp. 680, 92 Daily Journal DAR 1245, 1991 U.S. Dist. LEXIS 18995, 60 Empl. Prac. Dec. (CCH) 41,830, 57 Fair Empl. Prac. Cas. (BNA) 1271, 1991 WL 290743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chacon-v-ochs-cacd-1991.