James G. CARIDDI, Appellant, v. KANSAS CITY CHIEFS FOOTBALL CLUB, INC., & Robert M. Wachter, Appellees, 568 F.2d 87 (8th Cir. 1977). · Go Syfert
James G. CARIDDI, Appellant, v. KANSAS CITY CHIEFS FOOTBALL CLUB, INC., & Robert M. Wachter, Appellees, 568 F.2d 87 (8th Cir. 1977). Cases Citing This Book View Copy Cite
106 citation events (5 in the last 25 years) across 44 distinct courts.
Strongest positive: Gatsios v. Timken Co. (ohioctapp, 2012-06-25) · Strongest negative: Caro v. Miami-Dade County (flsd, 2000-04-12)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited "but see" Caro v. Miami-Dade County
S.D. Fla. · 2000 · signal: but see · confidence high
But see Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 . (8th Cir.1977) (discussing section 1981 cases in which Puerto Rican plaintiff *1328 claimed national origin discrimination and not racial discrimination). 2 .
cited Cited as authority (rule) Gatsios v. Timken Co.
Ohio Ct. App. · 2012 · confidence medium
See Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Chavez v. City of Osceola
S.D. Iowa · 2004 · confidence medium
Under the facts of this case, Chavez has not demonstrated that the work environment at the Osceola Police Department was “so excessive and opprobrious as to constitute an unlawful employment practice under Title VII.” Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Haynie v. Department of State Police
Mich. · 2003 · confidence medium
Louis, 549 F.2d 506 (C.A.8, 1977) (race); Compston v. Borden, Inc., 424 F.Supp. 157 (S.D.Ohio, 1976) (religion); and Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (C.A.8, 1977) (national origin).
discussed Cited as authority (rule) GITS Manufacturing Co., L.L.C. v. Local 281 International Union
S.D. Iowa · 2003 · confidence medium
Under the facts of this case, GITS simply cannot demonstrate that the racial *1100 discrimination environment at its plant was “so excessive and opprobrious as to constitute an unlawful employment practice under Title VIL” Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.l977). 6 At oral argument, the Union attempted to further distinguish the Tamko and Newsday decisions cited by GITS by pointing out that the court, in deciding the public policy issue in those cases, focused on the offending conduct rather than on whether reinstatement violated an established pub…
cited Cited as authority (rule) Martin v. Kroger Co.
S.D. Tex. · 1999 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (8th Cir.1977).
cited Cited as authority (rule) Cartagena v. Ogden Services Corp.
S.D.N.Y. · 1998 · confidence medium
Precisely the same analysis applies to Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Eggleston v. South Bend Community School Corp.
N.D. Ind. · 1994 · confidence medium
Banta v. United States, 434 U.S. 819 [ 98 S.Ct. 60 , 54 L.Ed.2d 76 ] (1977); Gray v. Greyhound Lines, East, 545 F.2d 169, 176 (1976), religion, e.g., Compston v. Borden, Inc., 424 F.Supp. 157 (S.D.Ohio 1976), and national origin, e.g., Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (CA8 1977).
discussed Cited as authority (rule) Bessier v. Precise Tool & Engineering Co., Inc.
W.D. Mo. · 1991 · confidence medium
Anthony’s Medical Center, 881 F.2d 554 , 559 n. 6 (8th Cir.1989) (gender-related comment, made on at least one occasion, does not support claim that termination was based on gender); Leichihman v. Pickwick International, 814 F.2d 1263, 1271 (8th Cir.) (reference to age does not necessarily prove an intent to discriminate), cert. denied, 484 U.S. 855 , 108 S.Ct. 161 , 98 L.Ed.2d 116 (1987); Mullins v. Uniroyal, Inc., 805 F.2d 307, 309 (8th Cir.1986) (reference to age taken out of context does not support ADEA claim); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.…
discussed Cited as authority (rule) Ali DAEMI, Plaintiff-Appellant, v. CHURCH’S FRIED CHICKEN, INC., Defendant-Appellee
10th Cir. · 1991 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); see Whatley v. Skaggs Companies, 707 F.2d 1129 , 1139 (10th Cir.), cert. denied, 464 U.S. 938 , 104 S.Ct. 349 , 78 L.Ed.2d 314 (1983).
discussed Cited as authority (rule) Vaughn v. Ag Processing, Inc. (2×)
Iowa · 1990 · confidence medium
Rogers v. EEOC, 454 F.2d 234, 238 (5th Cir.1971), cert. denied, 406 U.S. 957 , 92 S.Ct. 2058 , 32 L.Ed.2d 343 (1972); accord Ways, 871 F.2d at 754; Gilbert, 722 F.2d at 1394 ; Johnson v. Bunny Bread, 646 F.2d 1250, 1257 (8th Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Kishaba v. Hilton Hotels Corp. (2×) also: Cited "see, e.g."
D. Haw. · 1990 · confidence medium
Johnson v. Bunny Bread Co., 646 F.2d 1250, 1256 (8th Cir.1981) (“Bunny Bread ”); Irving v. Dubuque Packing Co., 689 F.2d 170, 172 (10th Cir.1982) (“Irving”); Bristow v. Daily Press, Inc., 770 F.2d 1251, 1255-6 (4th Cir.1985); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) {“Cariddi ”).
discussed Cited as authority (rule) Cruz LOPEZ, Plaintiff-Appellant, v. S.B. THOMAS, INC., Defendant-Appellee
2d Cir. · 1987 · confidence medium
Louis, 549 F.2d *1190 506, 514 (8th Cir.) (segregated eating arrangements in firehouses), cert. denied, 434 U.S. 819 , 98 S.Ct. 60 , 54 L.Ed.2d 76 (1977) and E.E.O.C. v. Murphy Motor Freight Lines, Inc., 488 F.Supp. 381, 384 (D.Minn.1980) (“vicious, frequent, and reprehensible instances of racial harassment, which occurred in several guises”) with Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981) (“no steady barrage of opprobrious racial comment”) and Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) (per curiam) (“derogatory ethnic comme…
discussed Cited as authority (rule) Blanco v. HALLMARK CARDS, INC.
D. Kan. · 1987 · confidence medium
Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); EEOC v. Murphy Motor Freight Line, 488 F.Supp. 381, 384 (D.Minn.1980).
cited Cited as authority (rule) Stamatina Stallcop v. Kaiser Foundation Hospitals the Permanente Medical Group, Inc. Hospital & Institutional Workers Union, Local 250
9th Cir. · 1987 · confidence medium
See Hill v. K-Mart Corp., 699 F.2d 776, 778 (5th Cir.1983); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Weseman v. Meeker County
D. Minnesota · 1987 · confidence medium
Saint Francis College v. Al-Khazraji, — U.S. -, 107 S.Ct. 2022 , 94 L.Ed.2d - (U.S.1987); Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (8th Cir.1977); Williams v. Edward Apffels Coffee Co., 792 F.2d 1482, 1484 (9th Cir.1986); See also, Shaare Tefila Congregation v. John William Cobb, — U.S. -, 107 S.Ct. 2019 , 94 L.Ed.2d-(U.S.1987); McIntosh v. Ark.
discussed Cited as authority (rule) Jeetendra Bhandari v. First National Bank of Commerce
1st Cir. · 1987 · confidence medium
Louis v. Alverno College, 744 F.2d 1314, 1317 (7th Cir.1984); Bell v. City of Milwaukee, 746 F.2d 1205, 1259 (7th Cir.1984); Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (8th Cir.1977); Davey v. Tomlinson, 627 F.Supp. 1458, 1462 (E.D.Mich.1986); Bates v. Carborundum Co., 623 F.Supp. 613, 620 (N.D.Ind.1985); Quinn v. Kent General Hosp., Inc., 617 F.Supp. 1226, 1232 (D.Del.1985); Bell v. Brennan, 570 F.Supp. 1116, 1118 (E.D.Pa.1983); Carrillo v. Illinois Bell Telephone Co., 538 F.Supp. 793, 795 (N.D.Ill.1982); Bell v. City of Milwaukee, 536 F.Supp. 462, 474 (E.D.Wis.1982) aff’d…
cited Cited as authority (rule) Volk v. Coler
C.D. Ill. · 1986 · confidence medium
Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Meritor Savings Bank, FSB v. Vinson (2×)
SCOTUS · 1986 · confidence medium
C. 91, 98, 545 F. 2d 169, 176 (1976), religion, e. g., Compston v. Borden, Inc., 424 F. Supp. 157 (SD Ohio 1976), and national origin, e. g., Cariddi v. Kansas City Chiefs Football Club, 568 F. 2d 87, 88 (CA8 1977).
discussed Cited as authority (rule) Ijya Tulloss v. Near North Montessori School, Inc.
7th Cir. · 1985 · confidence medium
However, relying on an Eighth Circuit case, Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977), the district judge determined that the infrequent remarks uttered by co-workers regarding plaintiff did not constitute a Title VII violation.
discussed Cited as authority (rule) Moffett v. Gene B. Glick Co., Inc.
N.D. Ind. · 1985 · confidence medium
Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); EEOC v. Murphy Motor Freight Line, 488 F.Supp. 381, 384 (D.Minn.1980).
discussed Cited as authority (rule) H. Finley DOWNES, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent (2×)
Fed. Cir. · 1985 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); Fekete v. U.S. Steel Corp., 353 F.Supp. 1177, 1186 (W.D.Pa.1973); see Int’l Brhd of Teamsters v. United States, 431 U.S. 324 , 336 n. 16, 97 S.Ct. 1843 , 1854 n. 16, 52 L.Ed.2d 396 (1977).
discussed Cited as authority (rule) Minority Police Officers Ass'n v. City of South Bend (2×)
N.D. Ind. · 1985 · confidence medium
See, e.g., Rowe v. Cleveland Pneumatic Co., Numerical Control, 690 F.2d 88, 97 (6th Cir.1982); Walker v. Ford Motor Co., 684 F.2d 1355 , 1358 (11th Cir.1982); Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981); Bundy v. Jackson, 641 F.2d 934, 943 (D.C.Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); Rogers v. E.E.O.C., supra, at 238; Pierson v. Norcliff Thayer, Inc., 605 F.Supp. 273, 277 (E.D.Mo.1985); Zabkowicz v. West Bend Co., 589 F.Supp. 780, 783 (E.D.Wisc.1984); Johnson v. Jos.
discussed Cited as authority (rule) Snell v. Suffolk County (2×) also: Cited "see, e.g."
E.D.N.Y · 1985 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977). b.
cited Cited as authority (rule) Pierson v. Norcliff Thayer, Inc.
E.D. Mo. · 1985 · confidence medium
Johnson v. Bunny Bread Co., 646 F.2d at 1257 ; Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
cited Cited as authority (rule) Torres v. County of Oakland
6th Cir. · 1985 · confidence medium
See Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
cited Cited as authority (rule) ca6 1985
6th Cir. · 1985 · confidence medium
See Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir.1981); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
cited Cited as authority (rule) Gant v. Binder
D. Neb. · 1984 · confidence medium
See: Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (8th Cir.1977); Bundy v. Jackson, 641 F.2d 934, 944 (DC Cir.1981).
discussed Cited as authority (rule) ca9 1984
9th Cir. · 1984 · signal: cf. · confidence medium
Cf., e.g., Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) (per curiam) (extremely offensive derogatory comments could themselves constitute unlawful employment practice); Reichman v. Bureau of Affirmative Action, 536 F.Supp. 1149, 1176 (M.D.Pa.1982) (same) 3 We recently considered the constructive discharge doctrine in an analagous, non-employment discrimination case.
discussed Cited as authority (rule) Satterwhite v. Smith
9th Cir. · 1984 · signal: cf. · confidence medium
Cf., e.g., Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) (per curiam) (extremely offensive derogatory comments could themselves constitute unlawful employment practice); Reichman v. Bureau of Affirmative Action, 536 F.Supp. 1149, 1176 (M.D.Pa.1982) (same). .
discussed Cited as authority (rule) Bailey v. Binyon
N.D. Ill. · 1984 · confidence medium
See also Rowe v. Cleveland Pneumatic Co., Numerical Control, Inc., 690 F.2d 88, 91 (6th Cir.1982) (noting that the district court’s decision, which was reversed on other grounds, had followed Howard); Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) (per curiam) (“derogatory ethnic comments” which “were part of casual conversation ... [did not] constitute a violation of Title VII”); Fekete v. United States Steel Corporation, 353 F.Supp. 1177, 1186-1187 (W.D.Pa.1973) (employer *932 not liable under Title VII for the unauthorized harassment by its emplo…
cited Cited as authority (rule) Johnson v. Jos. Schlitz Brewing Co.
M.D.N.C. · 1984 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, 568 F.2d 87, 88 (8th Cir.1977); Rogers v. EEOC, 454 F.2d 234, 238 (5th Cir. 1971), cert. denied, 406 U.S. 957 , 92 S.Ct. 2058 , 32 L.Ed.2d 343 (1972).
cited Cited as authority (rule) Gilbert v. City of Little Rock
unknown court · 1983 · confidence medium
Bunny Bread, 646 F.2d at 1355 ; Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977).
discussed Cited as authority (rule) Richard D. ROWE, Plaintiff-Appellant, v. CLEVELAND PNEUMATIC COMPANY, NUMERICAL CONTROL, INC., Defendant-Appellee
6th Cir. · 1982 · confidence medium
While it is true that unauthorized racial slurs by a foreman could be so excessive and opprobrious as to rise to the level of a violation of Title VII, Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977); Bundy v. Jackson, 641 F.2d 934 , 943 n. 9 (D.C.Cir.1981), plaintiff made no claim in the present case that the racial slurs were alone sufficient to establish plaintiff’s case.
discussed Cited as authority (rule) Ortiz v. Bank of America (2×)
E.D. Cal. · 1982 · confidence medium
Given that the Supreme Court has not addressed the issue before this court, it is hardly surprising that the Court has not discussed whether there is any distinction between “race” and “national origin.” 9 Thus, although the Su *557 preme Court has made reference to the “racial character” of the rights protected by section 1981 that dicta clearly does not resolve the issue posed by the pending motion. 10 See, Carridi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977).
cited Cited as authority (rule) Walker v. Ford Motor Co.
11th Cir. · 1982 · confidence medium
Accord Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981); Cariddi v. Kansas Chiefs Football Club, 568 F.2d 87, 88 (8th Cir. 1978).
cited Cited as authority (rule) ca11 1982
11th Cir. · 1982 · confidence medium
Accord Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir. 1981); Cariddi v. Kansas Chiefs Football Club, 568 F.2d 87, 88 (8th Cir. 1978).
discussed Cited as authority (rule) Barbara J. HENSON, Plaintiff-Appellant, v. CITY OF DUNDEE, Defendant-Appellee (2×) also: Cited "see, e.g."
11th Cir. · 1982 · confidence medium
See generally Development, New EEOC Guidelines on Discrimination Because of Sex: Employer Liability for Sexual Harassment Under Title VII, 61 B.U.L.Rev. 535 (1981) (discussing development of guidelines in light of Title VII principles). 8 See also Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977); Smith v. Amoco Chems.
discussed Cited as authority (rule) Snell v. Montana-Dakota Utilities Co.
Mont. · 1982 · confidence medium
Cariddi v. Kansas City Chiefs Football Club Inc., 568 F.2d 87, 88 (8th Cir. 1977); Fekete v. U. S. Steel Corp., 353 F.Supp. 1177, 1186 (W.D.Pa.1973); see Int’l Brhd. of Teamsters v. United States, 431 U.S. 324 , 336 n. 16, 97 S.Ct. 1843 , 1854 n. 16, 52 L.Ed.2d 396 (1977).” Bundy v. Jackson (D.C.Cir.1981), 641 F.2d 934 , 943 n.9 (sexual harassment).
cited Cited as authority (rule) Reichman v. Bureau of Affirmative Action
M.D. Penn. · 1982 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977).
discussed Cited as authority (rule) ca4 1981
4th Cir. · 1981 · confidence medium
Nor will mere "isolated, casual, accidental or sporadic" harassment suffice to establish a constructive discharge; the doctrine requires a "concerted pattern of harassment," "so excessive and opprobrious as to constitute an unlawful employment practice under Title VII." Carridi v. Kansas City Chiefs, 568 F.2d 87, 88 (8th Cir. 1977); EEOC v. Murphy Motor Freight Lines, 488 F.Supp. 381, 384-85 (D.Minn. 1980).
discussed Cited as authority (rule) Brown v. Eckerd Drugs, Inc.
4th Cir. · 1981 · confidence medium
Nor will mere “isolated, casual, accidental or sporadic” harassment suffice to establish a constructive discharge; the doctrine requires a “concerted pattern of harassment,” “so excessive and opprobrious as to constitute an unlawful employment practice under Title VII.” Carridi v. Kansas City Chiefs, 568 F.2d 87, 88 (8th Cir. 1977); EEOC v. Murphy Motor Freight Lines, 488 F.Supp. 381 , 384r-85 (D.Minn. 1980).
cited Cited as authority (rule) Sandra G. Bundy v. Delbert Jackson, Director, D.C. Department of Corrections
D.C. Cir. · 1981 · confidence medium
Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977); Fekete v. U. S. Steel Corp., 353 F.Supp. 1177, 1186 (W.D.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Murphy Motor Freight Lines, Inc. (2×)
D. Minnesota · 1980 · confidence medium
Racial comments that are merely part of casual conversation, Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977), are accidental, or are sporadic do not trigger Title VII’s sanctions.
discussed Cited as authority (rule) Morales v. Dain, Kalman & Quail, Inc.
D. Minnesota · 1979 · confidence medium
Derogatory comments directed to an employee by supervisory personnel regarding the employee’s ancestry can amount to an unlaw- ful employment practice under Title VII provided the comments are sufficiently “excessive and opprobrious.” Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir. 1977); Rogers v. Equal Employment Opportunity Comm’n, 454 F.2d 234, 238 (5th Cir. 1971), cert. denied, 406 U.S. 957 , 92 S.Ct. 2058 , 32 L.Ed.2d 343 (1972).
cited Cited "see" Haroldsen v. Omni Enterprises, Inc.
Alaska · 1995 · signal: see · confidence high
See Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977); Crader v. Concordia College, 724 F.Supp. 558, 564 (N.D.Ill.1989).
discussed Cited "see" Rose M. Walker v. St. Anthony's Medical Center, a Not-For-Profit Corporation (2×)
8th Cir. · 1989 · signal: see · confidence high
See Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977) (per curiam) (derogatory comments made as part of casual conversation do not necessarily rise to the level of a Title VII violation); Morales v. Dain, Kalman & Quail, Inc., 467 F.Supp. 1031, 1040 (D.Minn.1979) (isolated comments do not suffice to demonstrate discriminatory animus in termination decision) 7 Instructions 15 and 16 provided in relevant part as follows: Instruction 15: Under federal law, it is unlawful for an employer to discharge an individual from employment because of age, when the individual …
cited Cited "see" ca8 1989
8th Cir. · 1989 · signal: see · confidence high
See Bunny Bread, 646 F.2d at 1257 (citing Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977)).
cited Cited "see" Ways v. City of Lincoln
8th Cir. · 1989 · signal: see · confidence high
See Bunny Bread, 646 F.2d at 1257 (citing Cariddi v. Kansas City Chiefs Football Club, Inc., 568 F.2d 87, 88 (8th Cir.1977)).
16 Fair empl.prac.cas. 462, 15 Empl. Prac. Dec. P 8014 James G. Cariddi
v.
Kansas City Chiefs Football Club, Inc., and Robert M. Wachter
77-1546.
Court of Appeals for the Eighth Circuit.
Dec 29, 1977.
568 F.2d 87
Sandra C. Midkiff and William H. Pickett, Kansas City, Mo., on brief for appellant., William J. Burrell and Thomas A. Sweeny, Kansas City, Mo., on brief for appellees.
Heaney, Stephenson, Henley.
Cited by 88 opinions  |  Published
PER CURIAM.

James G. Cariddi, a former employee of the Kansas City Chiefs Football Club, brought this action alleging that he was discriminated against in his employment on the basis of his national origin. We hold that the trial court’s finding that Cariddi was not discriminated against because of his national origin was not clearly erroneous and affirm.

Cariddi is employed as an assistant principal in the Kansas City school system. In the summer of 1972, he was hired to supervise ticket takers for the 1972 season by Robert Wachter, the stadium director for the Kansas City Chiefs. He returned again for the 1973 season. On occasion, Wachter referred to Cariddi as a “dago” and to other Italian-American employees as the “Mafia.” The trial court found that Cariddi was terminated in September, 1973, for insubordination and for failure to comply with the Kansas City Chiefs’ policy with respect to the use of the press box on game days.

[*88] Cariddi contends, on appeal, that the trial court erred as a matter of law in finding that the use of ethnic slurs by Cariddi’s supervisor did not amount to a violation of Title VII. 42 U.S.C. § 2000e et seq. We cannot agree that the trial court so erred. It explicitly and correctly recognized that derogatory comments could be so excessive and opprobrious as to constitute an unlawful employment practice under Title VII. See Rogers v. Equal Employment Opportunity Com’n, 454 F.2d 234, 238 (5th Cir. 1971), cert. denied, 406 U.S. 957, 92 S.Ct. 2058, 32 L.Ed.2d 343 (1972). However, it went on to find that the derogatory ethnic comments made by Cariddi’s superior were part of casual conversation and did not rise to the level necessary to constitute a violation of Title VII. Moreover, it found that the Kansas City Chiefs did not discriminate against Italian-Americans. Two of the six supervisors employed by the Kansas City Chiefs were Italian-Americans. Eighteen of the individuals hired as ticket takers by Wachter on Cariddi’s recommendation were Italian-Americans. Cariddi’s wife and daughter were also employed by the Kansas City Chiefs. We have carefully reviewed the record and do not find these factual findings to be clearly erroneous.

The second contention Cariddi raises is that the trial court erred in refusing to permit him to proceed under 42 U.S.C. § 1981 with his claim of discrimination on the basis of Italian national origin. We need not reach this issue since we have held that Cariddi was not discriminated against on the basis of his national origin.

We note only that there is a division of authority among the courts that have considered the question of whether claims of discrimination on the basis of national origin are actionable under § 1981. Compare, e. g., Budinsky v. Corning Glass Works, 425 F.Supp. 786 (W.D.Pa.1977); Kurylas v. U. S. Department of Agriculture, 373 F.Supp. 1072 (D.D.C.1974), aff’d, 169 U.S.App.D.C. 58, 514 F.2d 894 (1975); Kerckhoff v. Kerckhoff, 369 F.Supp. 1165 (E.D.Mo.1974); Marshall v. Plumbers and Steamfitters Local Union 60, 343 F.Supp. 70 (E.D.La. 1972); Williams v. San Francisco United School District, 340 F.Supp. 438 (N.D.Calif. 1972); Schetter v. Heim, 300 F.Supp. 1070 (E.D.Wis.1969), with, e. g., Ortega v. Merit Ins. Co., 433 F.Supp. 135 (N.D.Ill.1977); Miranda v. Clothing Workers, Local 208, 10 FEP Cases 557 (D.N.J.1974); Sabala v. Western Gillette, Inc., 362 F.Supp. 1142 (S.D.Tex.1973), aff’d in part rev’d in part, 516 F.2d 1251 (5th Cir. 1975). The cases extending the coverage of § 1981 to include claims based upon national origin have involved claims of discrimination by Hispanic, Puerto Rican, Cuban and Mexican individuals. A number of courts have permitted Hispanic individuals to sue under § 1981 but have held that their claims of national origin discrimination are actionable under § 1981 only to the extent they are motivated by or indistinguishable from racial discrimination. Enriquez v. Honeywell, Inc., 431 F.Supp. 901 (W.D.Okla.1977); Martinez v. Hazelton Research Animals, Inc., 430 F.Supp. 186 (D.Md.1977); Gomez v. Pima County, 426 F.Supp. 816 (D.Ariz.1976); Cubas v. Rapid Am. Corp., Inc., 420 F.Supp. 663 (E.D.Pa.1976); Maldonado v. Broadcast Plaza, Inc., 10 FEP Cases 839 (D.Conn. 1974).

Neither the United States Supreme Court nor the Eighth Circuit have directly considered the circumstances under which claims of discrimination on the basis of national origin may be actionable under § 1981. The Supreme Court recently held that “§ 1981 is applicable to racial discrimination in private employment against white persons.” McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 287 [96 S.Ct. 2574, 2581, 49 L.Ed.2d 493] (1976) (emphasis added). It is also clear that § 1981 has been extended to protect aliens as well as citizens. See Graham v. Richardson, 403 U.S. 365, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971); Takahashi v. Fish and Game Commission, 334 U.S. 410, 68 S.Ct. 1138, 92 L.Ed. 1478 (1948). In the context of a discussion of whether Congress intended Title VII to preempt § 1981, the Eighth Circuit noted that § 1981 “is by its very terms limited to racial discrimination.” Brady v. Bristol-Meyers, Inc., 459 F.2d 621, 623 (8th Cir. 1972).

[*89] We leave the resolution of the question as to the application of § 1981 to claims of national origin discrimination to the appropriate case.

Affirmed.