Gilbert Gonzales v. Police Department, City of San Jose, California

Gilbert Gonzales, a Hispanic police officer employed by the police department of the city of San Jose (the “Department”), appeals a judgment denying his claim of racial discrimination. He sued under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Gonzales asserts that the district court’s finding that the city did not intentionally discriminate against him is based upon errors of law. We agree. The court’s failure to consider San Jose’s repeated violations of its own Affirmative Action Plan and the court’s reliance on statistical evidence regarding promotions of Hispanics after Gonzales filed his complaint constitute material legal errors. Such errors are sufficiently serious to warrant a remand to enable the district judge to reconsider his decision. Thus, we vacate the judgment below.

Gonzales has been employed as a police officer by the city of San Jose since 1971, and during the next twelve years received over thirty written commendations for his work. His varied job assignments have included the Patrol Division, the MERGE Unit, Background Investigations, and the Burglary Prevention Unit. In 1980, Gonzales decided to seek promotion to the rank of Police…