John C. McLEAN, PLaintiff-Appellant, v. PHILLIPS-RAMSEY, INC., a Corporation, Defendant-Appellee

The sole issue presented on appeal is whether the district court erred in concluding, at the end of plaintiff’s case-in-chief, that plaintiff-appellant, John C. McLean, failed to present sufficient evidence to establish a prima facie case of racial discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Because we find that appellant did establish a prima facie case of racial discrimination, we reverse.

McLean is a black artist. Phillips-Ramsey, Inc. is an advertising agency located in San Diego, California. On September 24, 1976, McLean filed an employment discrimination complaint against the advertising agency in the United States District Court for the Southern District of California, alleging that the agency refused to hire him because he is black. The complaint charges violations of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act. The case was tried before the district court sitting without a jury. On August 30 and 31, 1977, McLean presented his case-in-chief, after which the agency moved under F.R.Civ.P. 41(b) for dismissal of the action. The district court granted the motion on the ground that plaintiff had…