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Catrett, U. Liberty Lobby, Inc. Celotex addressed the initial burdens of the parties under Rule 56, and Anderson addressed the standards under which the record is to be analyzed within the structure of Rule After Celotex, it is clear that a nonmoving party may not rest on its pleadings to avoid summary judgment.

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More recently Childress has written that Celotex and Anderson clarify that Rule 56 motions. On October 30, the plaintiff filed an amended complaint. Celotex, U. See also, Lujan v.

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Obviously, the points made in such decisions provide ificant assistance to this court in dealing with the issue currently before it. The plaintiff's immediate supervisor, Virta Vance, is a black female. National Wildlife Federation, U. Catholic Bishop of Chicago, F.

Furthermore, in Anderson, the Court held that what facts are material in a specific case shall be determined by the substantive law controlling that case or issue. Cobb, U. Al-Khazraji, U. Cobb, F. In Shaare Tefila, the plaintiffs sought to support their argument by relying upon the Tenth Circuit's decision in Manzanares v.

For the reasons expressed below, this court holds that intraracial discrimination is actionable under Title VII. Given this finding, the court then addresses a second issue: whether Hansborough has sustained his burden of proof to establish his prima facie case of discrimination under Title VII. Summary judgment is proper if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there exists no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Recent object lessons applying these ideas are found in Kizer v. Most of the relevant decisions address the issue in regards to 42 U. Walker v. McDonald's Corp.

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City of Milwaukee, F. Before addressing the merits of this case, an important underlying question must be addressed. American Air Filter Co. LaSalle Telecommunications, Inc. While 42 U. Interestingly, these cases have often involved a situation of one Caucasian discriminating against another Caucasian. Linda A. Lacewell and Paul A. Miami L. Railway Express Agency, U. Alfred H. Mayer Co. The lower courts were faced with the problem of defining "race. Still another source to consider is the judicial interpretation of that statute by the Supreme Court of the United States and the lower federal courts.

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If the answer is not readily apparent from such an examination, it may also be relevant to look to the legislative history of the enactment. Saint Francis College, F. Al-Khazraji, F. Instead, it framed the issue as one of racial discrimination.

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In the Supreme Court was faced with resolving the conflict between the lower courts regarding the scope of the statutes. On September 17, the court held a telephonic pre-trial conference in this matter, and a schedule for proceeding with this case was established. Hansborough is alleging both race and sex discrimination.

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Certainly it is not impossible for one black person to discriminate against another black person on the basis of race or color. Harold W. Plaintiff Harold W. Hansborough, Jr. Hansborough on December 3, The court granted the plaintiff's petition to proceed in forma pauperis on January 9, On January 24, the plaintiff moved the court to appoint legal counsel to represent him. In concluding the decision, Justice White wrote:.

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Nonetheless, this court now proceeds with its ruling on the motion pursuant to Fed. Rules 12 c and 56 and Local Rule 9. The exact issue before this court is whether discrimination by a black individual against another black individual because of the fact that he is a black person is actionable under the Civil Rights Act of " Act" [2].

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Shaare Tefila, U. The Supreme Court held that. When the Supreme Court described the Act as deed only to redress "racial discrimination," the lower courts divided on their interpretations of what the Supreme Court meant. One can state as a historical fact that that specie of discrimination was not even a minor consideration in the eyes of the sponsors of the legislation in Beyond any doubt these two Senators were the leading sponsors of that legislation.

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The research of this court has not revealed many cases, particularly at the Court of Appeals level and above, that have thoroughly addressed this precise issue with respect to this exact statute, 42 U. However, there a of cases sufficiently similar to give this court substantial guidance. On June 27,Bryon Berry entered his appearance on behalf of the plaintiff. The most recent, thorough discussions of Rule 56 by the Supreme Court of the United States can be found in a trilogy of cases decided in See Matsushita Electric Industrial Co.

Zenith Radio Corp. Writing for the court, Judge Stapleton, concluded that "Al-Khazraji should be allowed the opportunity to prove that the discrimination he alleges is racially motivated within the meaning of Section Thus, the Al-Khazraji court found the issue to be essentially one of fact rather than a matter of law as it was perceived by the Fourth Circuit in Shaare Tefila.

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Federal Crop Ins. Ass'n of Black Landscapers v. An examination of the statute reveals that it is essentially neutral on the question of intraracial discrimination. The court held a pre-trial conference on this matter on May 10, at which time the plaintiff appeared pro se, and the court agreed to attempt to appoint counsel for the plaintiff. Railroadmens Federal Sav. While generally, "Summary Judgment is only appropriate when the record reveals that no reasonable jury could find for the nonmoving party, Still, "[s]ummary judgment will not be defeated simply because issues of motive or intent are involved, and is proper when the plaintiff fails to indicate any motive or intent to support plaintiff's position.

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The Third Circuit did not find the defendants' position persuasive and held that "ethnic Arabs may depend upon Section to remedy racial discrimination against them. The Seventh Circuit has repeatedly stated "that the same standards that govern Title VII liability also govern section liability. Ameritech Mobile Communications, F. A material question of fact is a question which will be outcome determinative of an issue in that case.

Safeway Stores, Inc. Writing for the Fourth Circuit, Judge Hall explained:.

The Supreme Court explained that both Jews and Arabs were groups intended to be protected by the statute and concluded that "Jews are not foreclosed from stating a cause of action against other members of what today is considered to be part of the Caucasian race. Wainwright Bank v.

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Children's Learning Ctr. Navistar Intern. Saint Francis College, U. Writing for a unanimous court, Justice White explained that "Congress intended to protect from discrimination identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics. Anderson, U. In addition, the Court went on to interpret Rule 56 as requiring that courts analyze summary judgment motions utilizing the standard of proof relevant to the specific case or issue.

In that year two cases came before the court: 1 Shaare Tefila Congregation v. Specifically, the issue to be considered is whether intraracial discrimination is actionable under Title VII. Or, in this precise case, whether discrimination by one black person against another black person because of the fact that he is a black person is actionable under the Act. Certainly, the first place that one must look to answer this question is to the face of the statute itself.

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The defendant filed a motion for summary judgment on August 13, As of this date, no response has been filed by the plaintiff. Thus, the legislative history does not provide any definitive answer or guidance with reference to the question of intraracial discrimination.