Torres v. County Of Oakland

758 F.2d 147 (6th Cir. 1985)

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Nature of the Case

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Facts

P is a Filipino by birth but has become a United States citizen. She has a Master’s degree in social work and has worked for D since September 1979 as a 'casework supervisor.' P sued D alleging employment discrimination based on national origin. In 1980, D decided to create a new supervisory position. P applied for this opening but was not promoted. Ds do not dispute that P possessed the general qualifications for this position but instead presented evidence tending to show that there was a high degree of dissension in the ranks of their employees. Thus, it was advisable, in the Ds' view, to hire a new employee to fill the position rather than to promote someone from within the ranks. Dr. Quiroga, who is Ds' Director of Children's Services, took part in selecting the person to fill the new supervisory position. At trial, D asked Dr. Quiroga, 'It is true, Dr. Quiroga, that you did not believe that Ms. Torres had been discriminated against because of her national origin in that interview process?' P objected. The objection was overruled, and the Dr. answered, “That is correct.” P objected under Ruled 701. D got the verdict, and P appealed.