had some complaint about the geographic work area assigned to him for various reasons and Plaintiff produced no evidence which would establish that his work area was assigned to him based on illegal motives. Furthermore, it was established at trial that all geographic areas were assigned to first-level supervisors by the "luck of the draw."
Finally, with respect to Plaintiff's claim of harassment and scheduling difficulties arising out of his participation in the Army Reserves, Plaintiff failed to produce any evidence of disparate treatment. He produced no evidence to establish that white first-level supervisors with Army Reserves obligations or supervisors who had not filed EEO charges were treated any differently with respect to their work responsibilities and schedules. The evidence adduced at trial established that all work schedules were made up in advance with no consideration given to the fact that a first-level supervisor might have Army Reserves duty or other obligations on a day on which he was scheduled to work. It was the supervisor's responsibility to find a replacement to work for him if he had such other obligations.
1981 Evaluation and Discharge
The Court has assessed already the evidence as it relates to the claims of discrimination and retaliation with respect to Plaintiff's 1981 evaluation and discharge in the section of this Memorandum addressing Defendants' Motion for Judgment Notwithstanding the Verdict. It is well-settled that the allocations and orders of proof in Title VII cases and cases brought under 42 U.S.C. § 1981 are the same. See, e.g., Baldwin v. Birmingham Board of Education, supra; Tagupa v. Board of Directors, supra. Therefore, for the reasons set forth in the Court's earlier discussion of these claims under 42 U.S.C. § 1981, the Court concludes that the 1981 evaluation and discharge claims under Title VII must also be dismissed.
An appropriate Order accompanies this Memorandum Opinion.
In accordance with the Memorandum Opinion entered this date, it is by the Court this 2nd day of March, 1984,
ORDERED, that Defendants' Motion for Judgment in their Favor Notwithstanding the Verdict be and hereby is GRANTED; and it is
FURTHER ORDERED, that judgment be and hereby is entered in favor of Defendants and against Plaintiff on all claims raised in this action; and it is
FURTHER ORDERED, that the above-captioned action be and hereby is DISMISSED.
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