Heard

Jeffrey S. Heard filed suit against Lockheed Missiles & Space Co., Inc. (Lockheed), alleging that Lockheed discriminated against him based upon his race. Heard alleged claims for disparate treatment and retaliation.

After a jury trial, the jurors were told to respond to questions set forth in the special verdict. In response to the first special verdict question on the issue of race discrimination—“Did plaintiff prove by a preponderance of the evidence that a prima facie case of discrimination existed concerning the terms and conditions of his employment as they existed prior to December 31, 1991?”—the jurors responded “yes.” In response to the second special verdict question—“Did plaintiff establish by a preponderance of the evidence that similarly situated non-African-American employees, as defined under the California Fair Employment and Housing Act, were treated differentially in the terms and conditions of their employment prior to December 31, 1991?”—the jurors answered “no.” The jurors were then instructed to consider the special verdict questions regarding Heard’s retaliation claim. In response to those questions, the jurors found for Lockheed.

Judgment was…