What is the test for determining whether an employer intentionally discriminated against a black employee?

MultiRegion, United States of America

The following excerpt is from Favreau v. Chemcentral Corp., 107 F.3d 877 (9th Cir. 1997):

A prerequisite to establishing discriminatory intent is establishing that the defendant knew of the claimant's race when he took the allegedly discriminatory action. Robinson v. Adams, 847 F.2d 1315 (9th Cir.1987) ("[a]n employer cannot intentionally discriminate ... based on race unless the employer knows the applicant's race."), cert. denied, 490 U.S. 1105 (1989). A plaintiff cannot create an inference of racial discrimination if "there is no showing by direct or indirect evidence that the decision-maker knew [the plaintiff's race]." Id. (emphasis added).

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