HE MADE ME DO IT$!$

Background

Sonny Smith, a black man, bases his discrimination claim on his being discharged following a fight between him and another employee. On August $5,1977,$ Smith and Bud Lawless, a white man, became involved in an altercation that resulted in the Smith slashing the Lawless with a knife$-$like work tool.Although the cause of the fight was disputed, it was undisputed that only the Smith had used the dangerous work tool. The company suspended both of the employees pending an investigation. On August $11,1977,$ the Smith was discharged for violation of company Rule $26$ which proscribes fighting. Later, the Lawless was also found in violation of the rule but was suspended rather than discharged.

The Company's Position

The Company's Industrial Relations Manager testified that this apparent disparity of treatment arose because of the disparity of conduct; although the other employee may have verbally participated in the fight, the appellant responded with physical violence.Moreover, the manager testified thatthe work tool involved is such a dangerous instrument that harsh sanctions must be imposed to deter such conduct.

Smith's Position

Smith claims racial discrimination based on the failure of the company to show or prove a legitimate nondiscriminatory reason for its differing actions. Smith further questions thecompany's motive since both workers were found in violation of the same rule and only the black employee was fired.HE MADE ME DO IT$!$

$1.$ Did Smith establish a prima facie case of discrimination? Be specific.

$2.$ Are there levels of rule infractions? How can a company establish levels?

$3.$ How would you decide this case. Explain.