Clark Atlanta Reverse Discrimination Suit Begins

January 30, 2015 DiscriminationWrongful Termination

Ted Bahhur, the former head football coach of Clark Atlanta University, filed a racial discrimination suit on Wednesday.  He alleges that he was fired as head coach due to racial discrimination by the school.  This case has already gone through the EEOC’s process apparently, as the University provided a legitimate business reason for its actions to the EEOC – poor performance.

Interestingly, Clark Atlanta took a play out of their available playbook in this case (pun intended) when they provided a legitimate business reason for their actions.  Once an employer takes this step, the question is no longer whether the employee can show any good cause as to why he thinks the action was discriminatory.  Instead, the third prong of the “prima facie” test to determine if a case is valid is waived and the case shifts immediately to determining whether the given business reason is true.

Whether this strategical decision will hurt Clark Atlanta remains to be seen.  While the AJC article states that Bahhur had a much better record than his predecessors, it does not mention that, after a 6-5 season, CAU fell to 2-7 in 2009, with the 7 losses coming in a row to end the season.

More from the AJC.