Manuel T. Fragante v. City and County of Honolulu Eileen Anderson Peter Leong Dennis Kamimura George Kuwahara Kalani McCandless

Manuel Fragante applied for a clerk’s job with the City and County of Honolulu (Defendants). Although he placed high enough on a civil service eligible list to be chosen for the position, he was not selected because of a perceived deficiency in relevant oral communication skills caused by his “heavy Filipino accent.” Fragante brought suit, alleging that the defendants discriminated against him on the basis of his national origin, in violation of Title VII of the Civil Rights Act. At the conclusion of a trial, the district court found that the oral ability to communicate effectively and clearly was a legitimate occupational qualification for the job in question. This finding was based on the court’s understanding that an important aspect of defendant’s business — for which a clerk would be responsible — involved the providing of services and assistance to the general public. The court also found that defendant’s failure to hire Fragante was explained by his deficiencies in the area of oral communication, not because of his national origin, Finding no proof of a discriminatory intent or motive by the defendant, the court dismissed Fragante’s complaint, 699 F.Supp. 1429 , and he…