Gilbert Gonzales v. Police Department, City of San Jose, California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
REINHARDT, Circuit Judge:
Gilbert Gonzales, a Hispanic police officer employed by the police department of the city of San Jose (the “Department”), appeals a judgment denying his claim of racial discrimination. He sued under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Gonzales asserts that the district court’s finding that the city did not intentionally discriminate against him is based upon errors of law. We agree. The court’s failure to consider San Jose’s repeated violations of its own Affirmative Action Plan and the court’s reliance on statistical evidence…
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