The Green Tree Corporation is a nationwide lawn service company with 15,000 employees. Earlier this year, a management level Hispanic employee from the Indiana office filed a lawsuit in fede
The Green Tree Corporation is a nationwide lawn service company with 15,000 employees.
Earlier this year, a management level Hispanic employee from the Indiana office filed a lawsuit
in federal court alleging intentional discrimination in the assignment of jobs and promotion
practices. Green Tree has a company policy prohibiting discrimination and an internal
affirmative action program designed to increase the number of minority persons in its
managerial force. Green Tree moved for summary judgment. Green Tree attached its company
policy and the affidavits of two officers. Both affidavits describe how the policy works and
that Green Tree does not discriminate. The plaintiff attaches an affidavit to his response which
acknowledges that Green Tree has an anti-discrimination policy but avers that his manager did
not follow the policy. In ruling on the motion for summary judgment:
a)The court will find that this is a case in which summary judgment would be appropriate
given there is no dispute over the existence of Green Tree’s company policy and the policy
expressly prohibits discrimination.
b)The court will find that the credibility of the parties will be of assistance in disposing of the
motion.
c)The court has the discretion to grant the motion if it determines that Green Tree’s
evidence is more persuasive.
d)The court will find that under these facts, summary judgment is not proper because there
are disputed issues of material fact
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