Legal Opinion

Manuel T. Fragante v. City and County of Honolulu Eileen Anderson Peter Leong Dennis Kamimura George Kuwahara Kalani McCandless

Court of Appeals for the Ninth Circuit

Decided October 23, 1989No. 87-2921PublishedCited by 80 opinions

1Opinion of the Court

TROTT, Circuit Judge:

Manuel Fragante applied for a clerk’s job with the City and County of Honolulu (Defendants). Although he placed high enough on a civil service eligible list to be chosen for the position, he was not selected because of a perceived deficiency in relevant oral communication skills caused by his “heavy Filipino accent.” Fragante brought suit, alleging that the defendants discriminated against him on the basis of his national origin, in violation of Title VII of the Civil Rights Act. At the conclusion of a trial, the district court found that the oral ability to communicate…

2Cases cited17 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  4. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  5. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977

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3Cited by80 opinions

  1. Sergio E. Fonseca v. Sysco Food Services of Arizona, Inc., a Delaware For-Profit CorporationCourt of Appeals for the Ninth Circuit · 2004
  2. Ignatius G. ANG, Plaintiff-Appellant, v. the PROCTER & GAMBLE COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1991
  3. Nada Raad v. Fairbanks North Star Borough School DistrictCourt of Appeals for the Ninth Circuit · 2003
  4. Xieng v. Peoples National BankWashington Supreme Court · 1993
  5. In Re Jose Antonio Rodriguez, Debtor. Stuart Gold, Trustee for the Estate of Jose Antonio Rodriguez v. Fedex Freight East, Inc.Court of Appeals for the Sixth Circuit · 2007

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