The employee in this was named Mamdouh El- Hakem.?? His employer?s CEO insisted on calling him ?Manny? on a weekly basis, despite his objections. ?The employee sued both the CEO and the employer for race discrimination under section 1981. A jury found against CEO and in favor of the employer, but found the CEO was acting within the scope of his employment. ?The CEO appealed the denial of his post-trial motion for judgment of a matter ?of ?law.?? ?The ?court ?ruled ?that ?the ?CEO?s refusal ?to ?use ?the ?employee?s ?Arab ?name ?and substitution of a Western one constituted racial discrimination.? ?The panel also ruled that the employer was vicariously liable for the CEO?s conduct, despite the jury finding in favor of the employer.?? El-Hakem v. BJY Inc., No. 03-35514 (07/21/04;?? Rawlinson,?? TG?? Nelson,? ?Schwarzer (N.D. Cal)).
Requiring Arab Employee to Use Western Name Constitutes Racial Discrimination
Jul 21, 2004