Circuit Courts Address Discrimination Based on Interracial Association

Two federal appellate courts have recently addressed whether Title VII prohibits discrimination based on an employee’s association with a person of a different race. In a case of first impression for the 2nd U.S. Circuit Court of Appeals, the court held that an employer may violate Title VII by taking action against an employee because of his association with a person of a different race. Holcomb v. Iona College, No. 06-3815 cv, — F.3d —, 2008 WL 852129 (2d Cir. Apr. 1, 2008). The 7th U.S. Circuit Court of Appeals concluded that it did not need to reach the issue in Ellis v. United Parcel Service No. 07-2811, — F.3d —, 2008 WL 1869553 (7th Cir. Apr. 29, 2008), because even if such claims were cognizable under Title VII, Ellis did not put forward sufficient evidence that UPS enforced its non-fraternization policy in a disparate fashion based on interracial relationships to survive summary judgment.

In Holcomb, the plaintiff, a white assistant coach of the Iona College basketball team, alleged that he was fired because he was married to an African-American woman. The court held that “an employer may violate Title VII if it takes action against an employee because of the employee’s association with a person of another race.” Holcomb at *1.