Race discimination claim dismissed; firing two months after complaint raises only an inference of discriminatory motive.
The African-American female plaintiff in Brock v. Consumer Services, registered a complaint with her employer about racial discrimination. Two months later she was fired. She sued, arguing that her termination was in retaliation for her complaint and a violation of her civil rights. The Court agreed that the timing of the complaint and firing created an inference of illegal conduct, but concluded that the company's claim that it was merely down-sizing by eliminating one "billing supervisor position," provided a complete defense, since Brock had no independent evidence to the contrary. Once upon a time, before arch conservatives dominated the high court, this kind of issue was one of fact and credibility for the jury.