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E.E.O.C. v. FLASHER CO., INC.

No. 91-6279.

986 F.2d 1312 (1992)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FLASHER COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 1992.

Attorney(s) appearing for the Case

John F. Suhre, of E.E.O.C., Washington, DC (Donald R. Livingston, General Counsel, Gwendolyn Young Reams, Associate General Counsel, and Carolyn L. Wheeler, Asst. General Counsel, on the brief), for plaintiff-appellant.

John B. Hayes of Looney, Nichols, Johnson & Hayes, Oklahoma City, OK, for defendant-appellee.

Before BALDOCK and EBEL, Circuit Judges, and LUNGSTRUM, District Judge.

EBEL, Circuit Judge.

This Title VII case is before us on appeal from a district court judgment that the Appellant had failed to prove at trial that his employment termination resulted from disparate treatment based on national origin. The EEOC argues on appeal that it proved actionable discrimination when it established, and the district court found, that the defendant disciplined less severely several non-minority employees who had committed infractions that were...

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