Sandra Silver v. Kca, Inc.

This is an appeal from a final judgment and order in an employment discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The case was tried without a jury and was dismissed at the close of the plaintiff’s case. We affirm the judgment of the district court in all respects.

I.

Sandra Silver, a white woman, was employed as an experienced draftswoman by defendant Kirker, Chapman & Associates, now KCA, Inc. (KCA), from May 11 until June 12, 1970. Among her responsibilities were drafting, maintenance of certain drafting equipment, graphics, ordering supplies, and training a draftsman trainee, a black man named John Spencer. Her work was done in a large open area containing work spaces for a number of persons. Among these was one Robert Warrington, an older white man.

On June 9,1970, Silver found that certain drafting equipment had been left uncleaned and complained out loud to no one in particular that she would have to come in during the weekend to clean it. Warrington responded, “Why don’t you let that jungle bunny do it?” and indicated that he was referring to Spencer, Silver’s trainee, who was not present. Silver responded that she did…