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FRAGANTE v. CITY AND COUNTY OF HONOLULU

No. 87-2921.

888 F.2d 591 (1989)

Manuel T. FRAGANTE, Plaintiff-Appellant, v. CITY AND COUNTY OF HONOLULU; Eileen Anderson; Peter Leong; Dennis Kamimura; George Kuwahara; Kalani McCandless, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1989.

Amended October 23, 1989.

Attorney(s) appearing for the Case

William D. Hushijo and Mari J. Matsuda, Honolulu, Hawaii for plaintiff/appellant.

Gilbert C. Doles, Deputy Corporate Counsel, City & County of Honolulu, Hawaii, for defendants/appellees.

Susan Buckingham Reilly, Asst. Gen. Counsel, Equal Opportunity Com'n, Washington, D.C., and Jose Roberto Juarez, Jr., Mexican American Legal Defense and Educational Fund, for amici.

Before O'SCANNLAIN and TROTT, Circuit Judges, and KAY, District Judge.

TROTT, Circuit Judge:

Manuel Fragante applied for a clerk's job with the City and County of Honolulu (Defendants). Although he placed high enough on a civil service eligible list to be chosen for the position, he was not selected because of a perceived deficiency in relevant oral communication skills caused by his "heavy Filipino accent." Fragante brought suit, alleging that the defendants discriminated against him on the basis of his national origin, in violation...

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